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Posted by: Chandra Williams on Oct 23, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

B. Jeffery Harmon, District Public Defender, and Robert G. Morgan, Assistant Public Defender, Jasper, Tennessee, for the Defendant-Appellant, Jimmy Ray King.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; and J. Michael Taylor, District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

Eleven years after he entered a guilty plea to second degree murder, the Petitioner, Jimmy Ray King, filed a petition for a writ of error coram nobis based on newly discovered evidence. The State filed a motion to dismiss the petition as barred by the statute of limitations, which was granted by the coram nobis court. In this appeal, the sole issue presented for our review is whether due process required tolling of the statute of limitations. Upon our review, we affirm the judgment of the coram nobis court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.