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Coram Nobis Claim Must Be Pursued in a Timely Manner

Coram nobis relief (by petition for a writ of error coram nobis) is available in Tennessee to challenge final judgments in criminal cases when there is newly discovered evidence which may undermine the validity of the conviction. There is a one year statute of limitations from the day the judgment becomes final, for filing a petition. However, in many cases the newly discovered evidence at issue is not discovered until after the beginning of that limitations period. So there is also a due process argument for tolling of the limitations period when the grounds for relief arise after the finality of the judgment, and strict application of the limitations period would deny a reasonable opportunity to present the claim.

Coram Nobis Claim Must Be Pursued in a Timely Manner

Coram nobis relief (by petition for a writ of error coram nobis) is available in Tennessee to challenge final judgments in criminal cases when there is newly discovered evidence which may undermine the validity of the conviction. There is a one year statute of limitations from the day the judgment becomes final, for filing a petition. However, in many cases the newly discovered evidence at issue is not discovered until after the beginning of that limitations period. So there is also a due process argument for tolling of the limitations period when the grounds for relief arise after the finality of the judgment, and strict application of the limitations period would deny a reasonable opportunity to present the claim.

Coram Nobis Claim Based on Judicial Misconduct Denied

A petition for a writ of error coram nobis is a post-trial petition seeking relief from a criminal conviction based upon newly discovered evidence relating to matters litigated at trial. It is an extraordinary procedural remedy available only where there is newly discovered evidence which was not available in prior proceedings, and which may have resulted in a different outcome if it had been previously available. It is not available to review previously determined issues or previously known issues. It is not available to simply raise different legal arguments about previously known evidence. There must be actually newly discovered evidence. It must relate to matters litigated at trial. And it must have the potential to have resulted in a more favorable outcome, if it had been available previously. In the recent case of Irick v. State, E2012-01326-CCA-R3-PD (Tenn.Crim.App. 3-18-2013), the Tennessee Court of Criminal Appeals affirmed the trial court's denial of coram nobis relief when a petitioner sought relief based upon discovery of alleged judicial misconduct.

Coram Nobis Claim Based on Judicial Misconduct Denied

A petition for a writ of error coram nobis is a post-trial petition seeking relief from a criminal conviction based upon newly discovered evidence relating to matters litigated at trial. It is an extraordinary procedural remedy available only where there is newly discovered evidence which was not available in prior proceedings, and which may have resulted in a different outcome if it had been previously available. It is not available to review previously determined issues or previously known issues. It is not available to simply raise different legal arguments about previously known evidence. There must be actually newly discovered evidence. It must relate to matters litigated at trial. And it must have the potential to have resulted in a more favorable outcome, if it had been available previously. In the recent case of Irick v. State, E2012-01326-CCA-R3-PD (Tenn.Crim.App. 3-18-2013), the Tennessee Court of Criminal Appeals affirmed the trial court's denial of coram nobis relief when a petitioner sought relief based upon discovery of alleged judicial misconduct.

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