September 7, 2009
Divorce Was Better Option
A recent disciplinary sanction reported on the web page of the Texas State Bar:
On August 18, 2009 the Board of Disciplinary Appeals signed a final judgment disbarring [a] Searcy, Arkansas attorney... On June 25, 2008 the Board signed an Interlocutory Order suspending [him] from the practice of law pending the appeal of his criminal conviction of three charges in general court martial order in Cause No. 431-43-9656FR United States Air Force, 37th Training Wing, Lackland Air Force Base, Texas: attempt to commit premeditated murder, conspiracy to commit premeditated murder and wrongful fraternization with an enlisted person, offenses under the Uniform Code of Military Justice. The crimes of attempt to commit premeditated murder and conspiracy to commit premeditated murder are intentional crimes as defined in the Texas Rules of Disciplinary Procedure. [He] was sentenced to confinement for 18 years in the Air Force Corrections System. The court martial was subject to an automatic appeal. The United States Air Force Court of Criminal Appeals affirmed his criminal conviction on April 23, 2008. On November 13, 2008 the United States Court of Appeals for the Armed Forces denied his petition for Grant of Review on November 13, 2008. [The attorney] answered but failed to appear at the hearing.
The decision of the Air Force Court of Criminal Appeals affirming the underlying conviction notes that the attorney was a "judge advocate with an impressive past and a promising career ahead of him" who had an affair with a paralegal and conspired with her to murder his spouse (a civilian attorney he had met while attending law school) rather than pursue "something as mundane as a divorce." (Mike Frisch)
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