Carlos Stokes v. State of Tennessee

The Petitioner, Carlos Stokes, appeals the Shelby County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis from his convictions for first degree murder, conspiracy to commit first degree murder, reckless endangerment, two counts of attempted first degree murder, and two counts of employing a firearm during the commission of a dangerous felony, for which he received a sentence of life imprisonment plus fifty-four years. He contends that he is entitled to equitable tolling of the statute of limitations and requests that this court appoint a special judge to preside over this case on remand. We conclude that the Petitioner is entitled to due process tolling of the statute of limitations. As a result, the judgment of the coram nobis court is reversed, and the case is remanded to the court for an evidentiary hearing on the merits of the petition. We decline to appoint a special judge for subsequent proceedings.