WASHINGTON COUNTY, Tenn. (WJHL) – A new trial has been granted for one of the three people involved in the high-profile “Facebook Murders” case.
According to court documents, Barbara Mae Potter, the wife of Marvin Potter, was granted a new trial after the court determined her original counsel operated under a conflict of interest.
Barbara’s new lawyer, Scott Schultz, argued that she was entitled to a new trial because her original lawyer, Randy Fallin, could not properly represent her because he also represented the father involved in the murders, Marvin Potter.
The judge presiding over the case agreed that Barbara could not have received a fair trial since Fallin was representing them both.
Documents from the court suggest that arguments could have been made by Fallin that may have changed the outcome of the case for Barbara Potter.
Another issue claimed by her new attorney was that Fallin did not receive power of attorney over the Potter family assets. Instead, his daughter and employee, Jessica Fallin, gained the power of attorney.
Read what the court documents had to say below:
Mr. Fallin was not granted power of attorney over the Potter family assets — counsel’s daughter Jessica was. However, Jessica Fallin, in addition to being counsel’s daughter, was her father’s employee. It appears to this Court that Jessica Fallin exploited the lack of a written fee agreement between the Potters and Mr. Fallin, counsel’s lack of direct supervision over his daughter’s actions, and the Potters’ preoccupation with their legal issues to sell Potter family property (at least some of which was done in Mr. Fallin’s office) and otherwise appropriate Potter family finances to the tune of approximately $300,000 during the life of Mr. Fallin’s representation of the family. The Rules of Professional Conduct impute the actions of non-lawyers to their attorney employers.”
“The business relationship imputed to Mr. Fallin by her daughter’s actions was adverse to Petitioner and therefore barred by the Rules of Professional Conduct. Further suggesting Mr. Fallin was more aware of his daughter’s activities than he insisted…”
The “Facebook Murders” case started in 2012 when Marvin Potter killed a couple that was said to be harassing and bullying his daughter, Jenelle Potter, online. The daughter and the mother were tried as well for their roles in the murders.