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Posted by: Tanja Trezise on Jul 1, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Jonathan A. Garner, Springfield, Tennessee, for the Appellant, Clark Derrick Frazier.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; John W. Carney, District Attorney General; and Jason White, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Petitioner, Clark Derrick Frazier, challenges the denial of his petition for writ of error coram nobis. On appeal, the Petitioner argues that, had he known about the results from the DNA analysis performed on items found at the scene, he would have elected not to plead guilty. After a review of the record and applicable law, we conclude that the Petitioner failed to prove that the results from the DNA analysis were newly discovered evidence or that he was without fault in failing to present the evidence at the proper time. Additionally, we conclude that, even if the evidence was newly discovered, the Petitioner failed to establish that it may have resulted in a different judgment. Accordingly, we affirm the judgment of the coram nobis court.