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Posted by: Amelia Ferrell Knisely on Feb 10, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Rhyunia Lamont Barnes, Pikeville, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Glenn R. Funk, District Attorney General; and J. Wesley King, Assistant District Attorney General, for the appellee, State of Tennessee.


A Davidson County jury convicted the Petitioner, Rhyunia Lamont Barnes, of first degree premeditated murder, and the trial court sentenced him to life in prison. The Petitioner appealed, arguing that there was newly discovered evidence. This Court affirmed the Petitioner?s conviction. State v. Rhyunia Lamont Barnes, No M2010-00631-CCA-R3- CD, 2002 WL 1358717, at *1 (Tenn. Crim. App., at Nashville, June 24, 2008), perm. app. denied (Tenn. Dec. 2, 2002). In 2009, the Petitioner filed a petition for a writ of error coram nobis, which the coram nobis court summarily dismissed on the basis of it being untimely filed. This Court affirmed that judgment. In 2015, the Petitioner filed this, his second petition for a writ of error coram nobis, alleging that he had newly discovered evidence in the form of an ATF report that exonerated him as well as some emails between his attorney and the prosecutor that indicated his innocence. The coram nobis court summarily dismissed the petition, finding that it was untimely filed and that the allegations contained therein, even taken as true, did not prove his innocence or that the result of his trial would have been different. On appeal, the Petitioner contends that the coram nobis erred when it summarily dismissed his petition and that he is entitled to coram nobis relief. After a thorough review of the record and applicable authority, we affirm the coram nobis court?s judgment.