Jury reaches verdict: March guilty on all counts

The jury in the Perry March murder trial today found March guilty of the second-degree murder of his wife, Janet March, who disappeared 10 years ago this month. March showed no emotion as the verdict was read. The verdict carries a penalty of 15-25 years in prison. March was also found guilty of abusing a corpse and tampering with evidence.

http://www.tennessean.com/apps/pbcs.dll/frontpage

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

DAVID H. THOMPSON, JR. v. TERMINIX INTERNATIONAL COMPANY, L.P.

Court: TCA

Attorneys:

Michele E. Cooper and Andrew Grams, Nashville, Tennessee, for the appellant, David H. Thompson, Jr.

M. Clark Spoden and Brian C. Neal, Nashville, Tennessee, for the appellee, Terminix International Company, L.P.

Judge: DAVID R. FARMER

The trial court granted Defendant's motion to compel arbitration, determined the parties' agreement was governed by the Federal Arbitration Act, and dismissed Plaintiff's cause of action. Plaintiff appealed. We reverse dismissal of the action and remand for entry of an order staying the matter pending arbitration. The judgment of the trial court is otherwise affirmed.

http://www.tba2.org/tba_files/TCA/2006/thompsond081706.pdf


STATE OF TENNESSEE v. TIMOTHY R. BOUTON

Court: TCCA

Attorneys:

Donna Robinson Miller, Chattanooga, Tennessee (on appeal) and Christian J. Coder, Chattanooga, Tennessee (at trial) for the appellant, Timothy R. Bouton.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William H. Cox III, District Attorney General; and Jay Woods, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: ROBERT W. WEDEMEYER

The Defendant, Timothy R. Bouton, pled guilty to vehicular manslaughter and reckless endangerment and was sentenced to ten years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred: (1) when it failed to have him execute an ex post factor waiver with regard to the 2005 Sentencing Act; (2) in its application of enhancement and mitigating factors; and (3) when it denied him probation or other alternative sentencing. After reviewing the record and applicable authorities, we conclude that the trial court erred when it failed to have the Defendant execute an ex post factor waiver with regard to the 2005 Sentencing Act. Therefore, we reverse the case and remand it for a new sentencing hearing.

http://www.tba2.org/tba_files/TCCA/2006/boutont081706.pdf


STATE OF TENNESSEE v. ERIC D. DEVANEY

Court: TCCA

Attorneys:

Mark E. Stephens and Robert C. Edwards, Knoxville, Tennessee, for the Appellant, Eric D. Devaney.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leon Franks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: ROBERT W. WEDEMEYER

The Defendant, Eric D. Deveany, pled guilty to aggravated burglary and robbery, and the trial court ordered him to serve two concurrent five-year sentences. The Defendant applied for, and was given, probation. Subsequently, a violation of probation warrant was issued, and, following a revocation hearing, the trial court revoked the Defendant's probation. On appeal, the Defendant contends that the trial court erred when it revoked his probationary sentences and ordered him to serve the remainder of his sentences in the Tennessee Department of Correction. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/devaneye081706.pdf


TODAY'S NEWS

Legal News
BPR Actions

Legal News
Inmate unhappy with deal in killing
A plea agreement in a baby killing that had citizens ringing the phones in protest at the Knox County District Attorney General's Office was not sweet enough for the woman who received it. Sarah A. Tallant, 30, contends in a motion filed by a jailhouse lawyer that her plea deal for the death of her 3-month-old son was too harsh. But Knox County Criminal Court Judge Richard Baumgartner didn't agree. "Based on the fact that I think Ms. Tallant got about a third of the time she should have gotten in this case, I am summarily dismissing it," Baumgartner said of Tallant's motion.
The Knoxville News Sentinel has the story.
Knox jury finds Sudderth not guilty
Reginald Stacey Sudderth was found not guilty of first-degree murder and conspiracy to commit first-degree murder in Knox County Criminal Court. Special prosecutor Greely Wells was philosophical about the loss: ``This is what our system is all about,'' Wells said. ``You put on a case, and a jury makes a decision.''
Read about the case in The Daily Times.
Court pact says teen can forgo chemo
A 16-year-old cancer patient's legal fight ended in victory Wednesday when his family's attorneys and social services officials reached an agreement that would allow him to forgo chemotherapy. Read about Abraham Cherrix's legal and medical battles in this
Tri-Cities Times News
BPR Actions
Kingsport lawyer suspended
The Supreme Court of Tennessee on Aug. 4 suspended the law license of Thomas Martin Browder, who practices law in Kingsport. The court ordered that his law license be suspended for 11 months and 29 days, but then suspended all but 30 days of it, subject to Browder fulfilling probationary requirements with the Tennessee Lawyers Assistance Program. Since he had ceased practicing in May, the court determined that he had fulfilled the 30-day suspension and can resume the practice of law.
Read the BPR release.
Memphis lawyer suspended
James Lloyd Gordon, a Memphis lawyer, has been suspended from the practice of law by order of the Tennessee Supreme Court filed on Aug.11. Gordon failed to pay approximately $2,165 in a client's settlement funds from his escrow account for more than three years, and for his gross negligence and his failure to timely and properly investigate the attendant circumstances.
Read the BPR release.
Buchanan lawyer censured
Victoria L. DiBonaventura, a Buchanan attorney, was publicly censured by the Board of Professional Responsibility on Aug. 15, for violating RPC 1.1 [competent representation], RPC 1.3 [diligence and promptness], RPC 1.4 [client communication], RPC 1.16(d) [duties upon withdrawal], and 8.4(d) [conduct prejudicial to the administration of justice].
Read the BPR release.
Jackson attorney censured
Jack C. Morris, a Jackson attorney, was publicly censured by the Board of Professional Responsibility on Aug. 11, for violating RPC 1.1 [competent representation], RPC 1.3 [diligence and promptness], RPC 1.4 [client communication], RPC 3.2 [expediting litigation], and RPC 8.4(d) [conduct prejudicial to the administration of justice].
Read the BPR release.

 
 
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