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Posted by: Landry Butler on Jan 31, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Kelley J. Henry, Supervisory Assistant Federal Public Defender, and Amy D. Harwell, Assistant Federal Public Defender, Nashville, Tennessee, for the appellant, David Ivy.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Stephen P. Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The Petitioner, David Ivy, appeals the Shelby County Criminal Court’s denial of his petition for a writ of error coram nobis, seeking relief from his conviction of first degree premeditated murder and resulting sentence of death. On appeal, the Petitioner contends that the coram nobis court erred by dismissing his petition, by denying his Rule 36.1 motion to correct an illegal sentence, and by denying his writ of error audita querela. In addition, he asks that this court advise him as to the correct pleading to file in order to challenge his death sentence. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the coram nobis court did not err by denying relief, and we decline to provide an advisory opinion regarding future requests for relief.