Maggio may remain free pending appeal, judge rules | Arkansas Blog

Friday, April 22, 2016

Maggio may remain free pending appeal, judge rules

Posted By on Fri, Apr 22, 2016 at 3:26 PM

click to enlarge JUDGE BRIAN MILLER: Says Maggio may remain free on appeal.
  • JUDGE BRIAN MILLER: Says Maggio may remain free on appeal.
Federal Judge Brian Miller ruled today that former circuit judge Mike Maggio of Conway need not report to prison next month as scheduled while his appeal of a bribery conviction is pending.

Maggio had asked for the delay. The government opposed that request yesterday. It said he'd knowingly waived his rights when pleading guilty, even though he tried unsuccessfully to withdraw a guilty plea to accepting a bribe in form of campaign contributions to reduce a jury verdict against a nursing home in a negligence case by $4.2 million.

The judge said he was satisfied Maggio wasn't likely to flee or present a danger and, vital in this case, that Maggio presents a substantial question on appeal that could result in a reversal if the appeals court decides in his favor on the point of law.

The judge said he believed the statute under which Maggio was convicted applies to this case. But he said there's no case law applying the statute to a judge who took a bribe under circumstances similar to this case. Maggio argues the court took his plea without a basis to show a "quid pro quo arrangement" to render a verdict in return for campaign contribution.  The government said it wasn't a close question.

But, said the judge, "... if the Eighth Circuit rules in Maggio’s favor, and holds that the statute does not apply to state judges acting similarly to Maggio, a reversal is almost certain to occur. Accordingly, Maggio is permitted to remain out on bail pending appeal and his release is subject to the same conditions set forth in the January 9, 2015, order [Doc. No. 6] setting his conditions of release."

Tags: , ,


Sign up for the Daily Update email
Favorite

Comments (6)

Showing 1-6 of 6

Add a comment

 
Subscribe to this thread:
Showing 1-6 of 6

Add a comment

More by Max Brantley

Readers also liked…

  • The inspiring Hillary Clinton

    Hillary Clinton's campaign for president illustrates again the double standard applied to women. Some writers get it. They even find the supposedly unlikable Clinton inspiring.
    • Oct 16, 2016
  • Trump's strangulation of Obamacare

    If he can't kill it outright, Donald Trump will do all he can to cripple Obamacare. Vox has detailed reporting on deep cuts in federal spending that support nonprofit agencies that help people sign up for coverage under the Affordable Care Act.
    • Sep 18, 2017
  • UPDATE: Hutchinson moves to cover himself on cut to War Memorial Stadium

    Gov. Asa Hutchinson apparently felt the burn from KARK's exclusive Tuesday night on his plans to cut state support of War Memorial Stadium in half beginning July 1, 2018. He has a so-far secret plan to make the stadium self-sustaining. We bet that doesn't include state support.
    • Oct 20, 2016

Most Recent Comments

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation