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Posted by: Amelia Ferrell Knisely on Dec 30, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Lorenza Zackery, pro se, Clifton, Tennessee.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Matt Stephens, District Attorney General Pro Tem;2 and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Lorenza Zackery (“the Petitioner”) pleaded guilty to two counts of rape of a child. Subsequently, the Petitioner filed a Petition for Writ of Error Coram Nobis (“the Petition”) alleging “newly discovered evidence” in the form of an affidavit from the Petitioner stating that the victim testified in a 2009 juvenile court hearing that she had no sexual contact with the Petitioner until she was fifteen years old. The coram nobis court denied relief. On appeal, the Petitioner argues that (1) due process requires that the statute of limitations be tolled; (2) the coram nobis court should have held an evidentiary hearing because the newly discovered evidence shows that the Petitioner was “factually innocent” of the crime of rape of a child; and (3) the State violated Brady v. Maryland, 373 U.S. 83 (1963) when it failed to provide the Petitioner with a record of the juvenile hearing.1 Discerning no error, we affirm the judgment of the coram nobis court.