Assigned on Briefs December 2, 2014
Appeal from the Circuit Court for Henry County No. 12080 C. Creed McGinley, Judge
Teresa Deion Smith Harris, Nashville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Hansel Jay McCadams, District Attorney General; and Beth Boswell Hall, Assistant District Attorney General, for the appellee, State of Tennessee.
Roger A. Page, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.
ROGER A. PAGE, JUDGE
I. Facts and Procedural History
In the appeal from the denial of a previous petition for error coram nobis, this court provided a brief synopsis of the facts developed at trial:
The Petitioner was convicted of first degree felony murder and sentenced to life without the possibility of parole for her role in the death of nineteen-year-old Dennis Brooks, Jr. The Petitioner and her co-defendants, Walter Smothers and Stacy Ramsey, decided to stop and steal a vehicle after their vehicle broke down. The Petitioner flagged down a vehicle driven by the victim, and the trio overcame the victim. The victim was kidnapped, beaten, shot, stabbed, murdered, and mutilated. The Petitioner admitted to pressing the victim's excised heart against her lips and stabbing the victim once but otherwise denied participating in the mutilation.
Teresa Deion Smith Harris v. State, No. W2012-00540-CCA-R3-CO, 2012 WL 3457797, at *1 (Tenn. Crim. App. Aug. 15, 2012), no perm. app. filed, (citing State v. Harris, 989 S.W.2d 307, 309-11 (Tenn. 1999)). This court affirmed petitioner's conviction and sentence, State v. Teresa Deion Smith Harris, No. 02C01-9412-CC-00265, 1996 WL 654335 (Tenn. Crim. App. Nov. 12, 1996), perm. app. granted (Tenn. June 8, 1998), and our supreme court affirmed after finding harmless error in application of one of two aggravating circumstances. Harris, 989 S.W.2d at 316.
Petitioner subsequently filed a petition for post-conviction relief asserting newly discovered evidence and ineffective assistance of counsel, which was denied by the post-conviction court. This court affirmed the denial of post-conviction relief. Teresa Deion Smith Harris v. State, No. W2000-02611-CCA-R3-PC, 2001 WL 892848 (Tenn. Crim. App. Dec. 17, 2001), no perm. app. filed. She then filed her first petition for writ of error coram nobis in August 2011, which was summarily dismissed by the coram nobis court. This court affirmed the denial of relief on appeal. Teresa Deion Smith Harris v. State, 2012 WL 3457797, at *3.
Petitioner filed the instant petition for writ of error coram nobis on February 11, 2014. It was summarily dismissed by the coram nobis court, and this appeal follows.
A. Standard of ...