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Posted by: Landry Butler on Jun 29, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Antonio Sykes, Mountain City, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Glen Baity, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

A Shelby County jury convicted Antonio Sykes (“the Petitioner”) of first degree premeditated murder, especially aggravated robbery, and two counts of especially aggravated kidnapping. He received an effective sentence of life without parole plus seventy-five years. The Petitioner filed a petition for a writ of error coram nobis, arguing that the State had withheld exculpatory evidence that one of the State’s witnesses received a plea deal in exchange for favorable testimony, in violation of Brady v. Maryland, 373 U.S. 83 (1963), and that the exculpatory evidence constituted “newly discovered evidence” within the meaning of the coram nobis statute. The State filed a response and motion to dismiss, arguing that the Petitioner “fail[ed] to allege any new evidence relating to the matters litigated at trial[]” and that the petition was barred by the statute of limitations. The coram nobis court summarily dismissed the petition and found that the Petitioner failed to present actual evidence of a plea deal between the witness and the State. On appeal, the Petitioner concedes that his petition was untimely filed but argues that this court should toll the statute of limitations and address the merits of his petition. After a thorough review of the record and applicable case law, we affirm.