Supreme Court Rules That A Prosecutor’s File Note Cannot Be The Basis For A New Trial

Saturday, April 21, 2012

The Tennessee Supreme Court affirmed the trial court’s judgment and ruled that a prosecutor’s handwritten note that was not turned over to the defendant before the trial of his case was not admissible as evidence and, therefore, was insufficient to support the defendant’s petition for a new trial.

In Feb. 1994, a jury found Cyrus Deville Wilson guilty of first degree murder. He was sentenced to life in prison. The conviction and sentence were affirmed on appeal. In Aug. 2009, after obtaining a copy of the prosecutor’s file, Wilson discovered a note handwritten by an assistant prosecutor that expressed her opinion that it was a “good case but for most of the” witnesses were“juveniles who had already lied repeatedly.”  The defendant filed a petition for writ of error coram nobis, a statutory procedure that allows a defendant to seek a new trial based on newly discovered evidence relating to matters that were litigated at the trial if the judge determines the new evidence may have resulted in a different judgment had it been presented at trial. The trial court dismissed the petition because the assistant prosecutor’s note was attorney work product that was not subject to disclosure, but the Court of Criminal Appeals disagreed and ordered a hearing on the petition.

In a unanimous opinion authored by Justice Sharon G. Lee, the Tennessee Supreme Court ruled that the petition for writ of error coram nobis was based on evidence that was attorney work product, which would not have been admissible at the trial of the defendant’s murder case. Since the evidence was inadmissible, it would not have resulted in a different judgment at trial. Therefore, the Court reversed the Court of Criminal Appeals and reinstated the trial court’s judgment denying the petition for writ of error coram nobis.


Bradley Square Mall Hosts Mommy And Me Kid's Talent And Fashion Show

Bradley Square Mall will host the  Mommy and Me Kid's Talent and Fashion Show on Saturday, Nov. 8, at 3 p.m. All participants must have a signed pre-registration form filled out and submitted prior to the event. Registration forms my be picked up at Guest Services, Ashton Manor or downloaded from  here. Registration forms are due by  Friday, Oct. 31 . (click for more)

SIGNIX Hires New Vice President Of Partner Development

SIGNiX , a company that provides secure and simple digital signature services announced the hiring of its new Vice President of Partner Development, Leonora Zilkha Williamson. Ms. Williamson will work to identify and target potential partners in a variety of industries.  SIGNiX has long been a partner-centric company that focuses on providing total solutions to software ... (click for more)

Additions And Improvements At Camp Jordan Arena Coming Soon

Additions and improvements are coming to Camp Jordan Arena in the near future. At the Thursday night meeting of the East Ridge city council, approval was given for buying new playground equipment. It will come from Gametime, a locally-based company. The VP of Marketing lives in East Ridge and made a proposal to set up the playground at Camp Jordan so his company could use it for ... (click for more)

Teenager Killed In ATV Accident Thursday Night

Damon Lee Jones, 15, was killed Thursday night in an ATV accident in Walker County. It was reported he was riding with a 17-year old, when they tried to enter a church parking lot, but ran into a cable barrier. The accident happened on Dunwoody Road in LaFayette. The other rider, identified as Timothy J. Wallin, was not injured.   (click for more)

Tom Dugan Was A Good Man

Tom was my boss for most of my 36 years at Carta.  At the ceremony where I was awarded my 30-year service award, Tom said, "Don disagrees with 85% of my decisions, but I wish I had 80 more employees just like him." This kind of indicates our relationship. When I asked him to help with my plans for a reunion for the group of Veterans that I served with in Vietnam, he quickly ... (click for more)

Roy Exum: A Veterinarian’s Horse Sense

I suspect you’ve heard by now that a doctor in New York City, who volunteers with “Doctors Without Borders,” just got back from the African nation of Guinea on October 17 – last Friday – and on Thursday tested positive for the deadly Ebola virus. Luckily, he came in actual contact with only a few people but he reportedly rode a subway, took a taxi, went on a three-mile run and ... (click for more)