Tuesday, May 17, 2011
The 11th Circuit ruled on the post-Skillingremand in the case of Don Siegelman, former Governor of Alabama, and Richard Scrushy, former CEO of HealthSouth. The court's per curiam opinion considered honest services convictions and other convictions in light of the Supreme Court's ruling in Skilling that limits 1346 to "bribery and kickbacks." It also looked at First Amendment rights with respect to political contributions. It's a long 65 page opinion that is very fact-specific.
Siegelman and Scrushy had raised nine errors. As to Siegelman convictions on 5 counts were affirmed and 2 were vacated. As to Scrushy, convictions on 4 counts were affirmed and 2 were vacated. The case was also remanded for resentencing.
(esp)(blogging from San Francisco)