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Posted by: Stacey Shrader Joslin on Aug 30, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Adrian Curb, Atlanta, Georgia, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; David S. Clark, District Attorney General; and Sandra N. C. Donaghy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Adrian Curb, filed a petition for post-conviction relief, or in the alternative, a petition for writ of error coram nobis, challenging the conviction resulting from his 1997 guilty plea to aggravated assault. As grounds for relief, he claimed that his attempted first degree murder indictment was improperly amended to aggravated assault, thus coercing him into involuntarily pleading guilty to the amended charge. The post-conviction court summarily dismissed the petition because petitioner failed to establish an exception to the one-year statute of limitation for petitions for post-conviction relief. The court also concluded that petitioner failed to demonstrate the requisite factors for newly discovered evidence as required for writ of error coram nobis relief. Following our review, we discern no error and affirm the judgment of the post-conviction court.