Ricky Harris v. State of Tennessee - Concurring

Case Number
E2005-00566-SC-R11-PC

I concur with the Chief Justice’s conclusion that Mr. Harris is not entitled to coram nobis relief with regard to either of his newly discovered evidence claims. Her conclusion that the claim based on the evidence regarding the “Bill” letters is time-barred is correct. I cannot, however, concur in her conclusion that the claim based on the evidence regarding the alibi witness is likewise time-barred because Mr. Harris has made out a prima facie case for equitable tolling with regard to that claim. Apart from the question of the timeliness of these claims, I would affirm the trial court’s denial of coram nobis relief on both claims because of fatal substantive deficiencies in Mr. Harris’s petition for coram nobis relief.

Authoring Judge
Justice William C. Koch, Jr.
Originating Judge
Judge R. Jerry Beck
Case Name
Ricky Harris v. State of Tennessee - Concurring
Date Filed
Dissent or Concur
No
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