Erskine Leroy Johnson v. State of Tennessee

The petitioner, Erskine Leroy Johnson, filed a petition for a writ of error coram nobis in the Shelby County Criminal Court, claiming that newly discovered evidence entitled him to a new trial. After an evidentiary hearing, the coram nobis court dismissed the petition on the basis that the petitioner was at fault for timely failing to discover the evidence. The petitioner appeals, maintaining that the newly discovered evidence entitles him to a new trial. He also argues that the coram nobis court applied the incorrect standard in denying his petition for coram nobis relief, that the court did not address all of the evidence in denying his petition, and that a review of all the evidence shows he should receive a new trial. The State argues that the coram nobis court should have dismissed the petition because it was untimely filed and that, in any event, the court properly denied the petition. Based upon our review, we conclude that due process required tolling the statute of limitations in this case and agree with the petitioner that the coram nobis court denied the petition based upon the incorrect standard. Therefore, the court’s denial of the petition is reversed, and the case is remanded to the coram nobis court for reconsideration of the petition.