JERRY KEVIN DUKE v. STATE OF TENNESSEE - Articles

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Posted by: Chandra Williams on Nov 23, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen Ross Johnson, Knoxville, Tennessee, for the appellant, Jerry Kevin Duke.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Katrin Novak Miller, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, Jerry Kevin Duke, appeals the denial of his petition for writ of error coram nobis, arguing that the statute of limitations should be tolled based on newly discovered evidence of new medical evidence and withheld exculpatory evidence of the child rape victim’s inconsistent statements. The petitioner further argues that the newly discovered evidence may have resulted in a different verdict had it been presented at trial. Following our review, we affirm the judgment of the coram nobis court denying the petition.

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