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Posted by: Chandra Williams on Dec 11, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Larry Prewitt, Yazoo City, Mississippi, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter, and Tracy L. Alcock, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Petitioner, Larry Prewitt, appeals the summary denial of his petition for writ of error coram nobis, which the trial court also considered as a petition for post-conviction relief and as a petition for writ of habeas corpus. Because Petitioner has not made an allegation of newly discovered evidence, he is not entitled to coram nobis relief. Because Petitioner is no longer restrained of liberty by the underlying convictions, he is not entitled to habeas corpus relief. Because Petitioner?s filing is beyond the one-year post-conviction statute of limitations and because he has alleged no grounds for due process tolling of the statute of limitations, he is not entitled to post-conviction relief. Therefore, the trial court?s summary dismissal of the petition is affirmed.