Daniel Lee Draper v. State of Tennessee - Concurring

Case Number
E2009-00952-CCA-R3-PC

I concur with the results reached in the majority opinion. I respectfully disagree with the majority view of the timeliness of the petition for a writ of error coram nobis. I do not believe the Petitioner’s mistaken filing of a second post-conviction petition, not provided by law, tolled the time within which a coram nobis petition was to be filed. The Petitioner’s ignorance of the proper action to take does not warrant a due process tolling of the statute of limitations in this case.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge R. Jerry Beck
Case Name
Daniel Lee Draper v. State of Tennessee - Concurring
Date Filed
Dissent or Concur
No
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