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Posted by: Tanja Trezise on Oct 31, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Jermaine Carlton Jordan, pro se, Clifton, Tennessee.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Victor S. Johnson III, District Attorney General; and Christopher Buford, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Petitioner, Jermaine Carlton Jordan, pled guilty to one count of attempted first degree murder and one count of especially aggravated kidnapping in April 2007. Six years later, he filed a petition for writ of error coram nobis, claiming that he should be granted a new trial based on newly discovered evidence. The coram nobis court summarily dismissed his petition as time-barred. Petitioner appealed, arguing that due process considerations require tolling the statute of limitations. Upon thorough review of the record, we determine that Petitioner has neither alleged the nature of the evidence nor when it was discovered sufficiently for us to determine whether it qualifies as a later-arising ground for relief. Therefore, we hold that due process does not require tolling the statute of limitations. We affirm the decision of the coram nobis court.