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Davidson attorneys ask judge to reconsider order vacating grant of new trials

10:46 AM, Jul 11, 2012   |    comments
LeMaricus Davidson
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Attorneys for Lemaricus Davidson, one of the four defendants charged in the January 2007 murders of Channon Christian and Chris Newsom, are asking the judge to reconsider his decision to vacate his previous order granting new trials.

David Eldridge and Doug Trant filed the motion Tuesday.

In it, they ask Judge Jon Kerry Blackwood to reconsider his June 19 decision to vacate his previous order to grant new trials.

The judge first granted the new trials for Davidson, Letalvis Cobbins, George Thomas and Vanessa Coleman on Dec. 5, 2011, and the Tennessee Court of Criminal Appeals later affirmed the decision.

The Supreme Court later overturned the decision, ruling Judge Blackwood could not grant the new trials based solely on the admitted drug abuse of Richard Baumgartner, the original trial judge.

Then, on June 5, Judge Blackwood again granted new trials for Davidson, Cobbins and Thomas, this time, citing the 13th juror rule.

Then, on June 19, after the state filed a motion asking Judge Blackwood to recuse himself from the case, Blackwood entered another order holding his previous decision "in nought," essentially tossing out his previous order granting new trials for Davidson and Cobbins. He noted his decision to grant Thomas a new trial still stands.

Now, Davidson's attorneys are asking that the judge reconsider that move and again grant their client a new trial.

"Nothing about the State's meritless attack on this Court in its motion to recuse diminishes this Court's previous exhaustive review of the record and thorough analysis and give the Court any reason to invalidate its repeated prior rulings and findings of fact, nor does it serve as any basis for reversing course and vacating the June 5, 2012, order granting a new trial," the filing states.

"For these reasons, Mr. Davidson respectfully requests that this court reconsider its June 19, 2012, order and re-enter its previous Order of June 5, 2012, granting Mr. Davidson a new trial."

Judge Blackwood has set a hearing date of August 17 for his decision on the Davidson and Cobbins cases following a review of the trial transcripts.

Meanwhile, he has set a hearing date of October 8 to decision on the motion asking him to recuse himself.

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