Cody Ricky Cofer v. State of Tennessee

The Petitioner, Cody Ricky Cofer, was convicted in the Cumberland County Criminal
Court of two counts of first degree felony murder and one count of attempted especially
aggravated robbery and received an effective sentence of two consecutive life terms. The
Petitioner filed a petition for writ of error coram nobis based on newly discovered evidence,
and the coram nobis court denied the petition without a hearing because the petition was
untimely. On appeal, the Petitioner claims that the coram nobis court erred by summarily
denying the petition without first considering whether the statute of limitations should be
tolled on due process grounds. The State argues that we should dismiss the appeal because
the Petitioner’s notice of appeal also was untimely. Based upon the oral arguments, the
record, and the parties’ briefs, we agree with the State and conclude that the appeal should
be dismissed.