DARELL AYERS V. STATE OF TENNESSEE - Articles

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Posted by: Chandra Williams on Aug 18, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

George Morton Googe, District Public Defender; and Jeremy B. Epperson, Assistant Public Defender, Jackson, Tennessee for the appellant, Darell Ayers.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Jerry Woodall, District Attorney General; and Rolf G.S. Hazelhurst, Assistant District Attorney General for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

In 2013, the Petitioner, Darell1 Ayers, pleaded guilty to vehicle burglary, theft of property under $500, identity theft, and shoplifting. The Petitioner was sentenced to four years on community corrections. Subsequently, the trial court issued a warrant alleging that the Petitioner violated his community corrections sentence by being arrested for aggravated robbery and for failing to report this arrest to his community corrections officer. After a hearing, the trial court revoked the Defendant?s community corrections sentence. In 2014, the Petitioner was acquitted of the aggravated burglary charge. The Petitioner then filed a petition for a writ of error coram nobis, claiming that, had the evidence presented at the 2014 trial been made available to him at the revocation hearing, a different judgment would have been reached. After a hearing, the coram nobis court found that error coram nobis relief was not available to challenge the revocation of probation pursuant to Frederick Parks v. State, No. W2013-01601-CCA-R3-ECN, 2014 WL 1767107 (Tenn. Crim. App., at Jackson, April 30, 2014). On appeal, the Petitioner asserts that the coram nobis court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the coram nobis court?s judgment.

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