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Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition
Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition
Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson.
Campbell had been convicted by a jury of aggravated assault and felony murder, and his convictions on the charges were upheld. His post-conviction motion claiming ineffective assistance of counsel was denied, and shortly thereafter he filed his petition, alleging that "newly discovered evidence may have resulted in a different judgment if the evidence had been admitted during the Petitioner's trial."
The lower court noted that Campbell failed to allege in his petition the substance of the fraud or false testimony that he claimed, and also failed to allege how the "newly discovered evidence might have resulted in a different verdict, and failed to allege why he waited 18 months after discovering the 'newly discovered evidence' to file...beyond the one-year statute of limitations." Tennessee Criminal Code, Section 27-7-103.
The appeals court further noted that "the writ of error coram nobis is an 'extraordinary procedural remedy,' filling only a slight gap into which few cases fall." State v. Mixon, 983 SW2d 661, (Tenn.1999). The court disregarded the argument that he failed to present his petition in a timely fashion due to chronic diabetes and minor strokes, noting the lack of evidence presented as to his alleged medical disability. See: Campbell v. State, 2008 WL 2219305, Tenn.Crim.App., May 28, 2008 (NO. W200700820CCAR3CO).
Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson.
Campbell had been convicted by a jury of aggravated assault and felony murder, and his convictions on the charges were upheld. His post-conviction motion claiming ineffective assistance of counsel was denied, and shortly thereafter he filed his petition, alleging that "newly discovered evidence may have resulted in a different judgment if the evidence had been admitted during the Petitioner's trial."
The lower court noted that Campbell failed to allege in his petition the substance of the fraud or false testimony that he claimed, and also failed to allege how the "newly discovered evidence might have resulted in a different verdict, and failed to allege why he waited 18 months after discovering the 'newly discovered evidence' to file...beyond the one-year statute of limitations." Tennessee Criminal Code, Section 27-7-103.
The appeals court further noted that "the writ of error coram nobis is an 'extraordinary procedural remedy,' filling only a slight gap into which few cases fall." State v. Mixon, 983 SW2d 661, (Tenn.1999). The court disregarded the argument that he failed to present his petition in a timely fashion due to chronic diabetes and minor strokes, noting the lack of evidence presented as to his alleged medical disability. See: Campbell v. State, 2008 WL 2219305, Tenn.Crim.App., May 28, 2008 (NO. W200700820CCAR3CO).
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Related legal case
Campbell v. State
| Year | 2008 |
|---|---|
| Cite | 2008 WL 2219305, Tenn.Crim.App., May 28, 2008 (NO. W200700820CCAR3CO) |
| Level | State Court of Appeals |
| Injunction Status | N/A |