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Posted by: Tanja Trezise on Apr 20, 2012

Head Comment: CORRECTION: On the first page, second sentence, "for error coram nobis" has been changed to read "for a writ of error coram nobis"

Court: TN Court of Criminal Appeals

Attorneys 1:

Gerald D. Skahan, Memphis, Tennessee, and Jonathan I. Blackman, David E. Brodsky, Carmine D. Boccuzzi, Jr., David H. Herrington, and Elizabeth Vicens, New York, New York, for the appellant, Erskine Leroy Johnson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Amy P. Weirich, District Attorney General; and Glen Baity, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Petitioner, Erskine Leroy Johnson, appeals the Shelby County Criminal Court’s dismissal of his petition for a writ of error coram nobis from his 1985 conviction for felony murder. He contends that newly discovered evidence entitles him to a new trial. He also contends that the trial court improperly weighed the newly discovered evidence and failed to assess that evidence in the context of the evidentiary record as a whole in determining whether the result of the trial may have been different. We reverse the judgment of the trial court, vacate the Petitioner’s felony murder conviction, and remand the case for a new trial.