Legal Question in Criminal Law in Tennessee

I was railroaded into pleading out to a crime I did not commit, years after I had been trying to get all documentation to look into getting my case back in court seeing how it has affected my life every since. I was told as well as an attorney at the time(which is now a sessions court judge) that my records had been destroyed until I finally made enough noise to receive all the records except the polygraph that supposedly started this. If there is proof of my innocence and contradictory how hard would it be to open it with it being back in 1999. would a writ of error coram nobis be my best bet or is there an easier route other than the "hail mary pass"? I could really use some help in getting this case reopened.


Asked on 2/15/16, 8:36 pm

1 Answer from Attorneys

It is probably well past statute of limitations to file a Petition for Writ of Error Coram Nobis.

You are allowed one year -- one year -- from the date of the last final action in your case.

There are exceptions, but they are few and far between.

There are other options, up to and including seeking clemency from the governor that relies more

on good behavior and residual doubt than coram nobis.

Mere late discovered "contradictory" evidence doesn't justify a new trial, the issue is very fact specific.

You might want to contact the Innocence Project and see if they can help you:

www.innocenceproject.org

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Answered on 2/16/16, 6:38 am


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