Maggio asks Supreme Court to reconsider appeal

Former Faulkner County Circuit Judge Michael Maggio has asked the U.S. Supreme Court to reconsider his request to appeal his federal bribery conviction.

 

The court denied the request without comment on Nov. 6.

On Thursday, Maggio’s attorney, John Wesley Hall of Little Rock, submitted a petition for a rehearing to the U.S. Court of Appeals for the Eighth Circuit.

In the petition, Hall asks that the court consider another case, Jackson v. United States, in which a Florida police chief has asked the court to hear his appeal of a similar conviction.

Jackson’s petition, which was also denied on Nov. 6, posed the issue: “Does a federal funds bribery conviction under [U.S. code] require proof of a quid pro quo or an ‘official act,’ as defined in McDonnell v. United States?”

Although Jackson’s petition was also denied, Hall argues that because the government volunteered to file a response in that case — it waived response in Maggio’s case — and “Jackson has an opportunity to reply before his case is conferenced,” Maggio should get the same consideration.

“The issue in this case is close enough to Jackson that, if the petition Jackson is granted, this case should be considered with it or at least held back for consideration in light of Jackson. And, if the petition Jackson is also denied, then this petition for rehearing would then essentially be moot,” Hall wrote in the petition.

Maggio, 56, began serving a 10-year prison sentence in July after he was unable to withdraw a guilty plea he entered in 2015.

In the plea, Maggio admitted that he accepted campaign donations in exchange for lowering a jury’s $5.2 million judgment to $1 million in a lawsuit against a Greenbrier nursing home that alleges negligence led to the death of resident Martha Bull.

The Associated Press contributed to this article.

 

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