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Appeals Court throws out Johnson City murder conviction

By Preston Ayres, payres@wcyb.com
Published On: Mar 28 2013 10:03:05 AM CDT
Updated On: Mar 28 2013 11:17:36 AM CDT
Dale Larkin in court

JONESBOROUGH, Tenn. -

The Tennessee Court of Appeals this morning overturned a high-profile murder conviction in Washington County, Tennessee.

Dale Larkin was originally sentenced to life in prison after being convicted of first degree murder of his wife Terri.

The appeals court says the court made errors in eight areas of the trial.

Those included not sequestering the jury and allowing a former defense expert witness to switch sides and testify as prosecution expert witness.

The court tossed out the conviction and sent the case back to Washington County to be re-tried on second degree murder. 

Prosecutors also have the option of appealing the latest decision to the Tennessee Supreme Court.

The appeals court also dismissed the charge of insurance fraud that Larkin was convicted on based on a life-insurance policy.