ANDREW LEE MOATS, JR. v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Jan 22, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Andrew Lee Moats, Jr., Pikeville, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; and Randall E. Nichols, District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Andrew Lee Moats, Jr., filed a petition for writ of error coram nobis alleging that newly discovered evidence—a recorded interview with Marlene Walker and the prior criminal record of Richard Breeden—mandated a new trial. He further argued that he was entitled to relief because the State failed to disclose this evidence and failed “to reveal all deals with witnesses.” The Knox County Criminal Court summarily dismissed the petition concluding that the Petitioner did not state a cognizable claim for coram nobis relief. Following a review of the record, we conclude that the Petitioner has failed to allege the existence of subsequently or newly discovered evidence that would warrant relief under a writ of error coram nobis. The order of summary dismissal is affirmed.

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