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Posted by: Stacey Shrader Joslin on Sep 4, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph A. Fanduzz, Knoxville, Tennessee (on appeal), Charles A. Murray, Bonita Springs, Florida (at trial), and Russell T. Greene, Knoxville, Tennessee (at trial), for the appellee, John Lowery.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and David H. Findley, Senior Counsel, for the appellee, State of Tennessee.

Judge(s): OGLE

The petitioner, John Lowery, appeals the Knox County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis. He asserts that newly discovered evidence, namely two witnesses’ recantation of their identification of the petitioner as the shooter and a previously unknown witness who said the petitioner was not at the scene of the crime, warranted a new trial on his convictions of premeditated first degree murder and attempted first degree murder. Upon review, we reverse the judgment of the coram nobis court and remand for an evidentiary hearing.