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Clark v. State

Court of Criminal Appeals of Tennessee, Nashville

February 13, 2017

TAMIR CLARK
v.
STATE OF TENNESSEE

          Assigned on Briefs January 10, 2017

         Appeal from the Circuit Court for Rutherford County No. F-66462 Royce Taylor, Judge

          In 2012, the Petitioner, Tamir Clark, pleaded guilty to especially aggravated kidnapping, arson, especially aggravated robbery, and attempted first degree murder. The Petitioner later filed a post-conviction petition alleging ineffective assistance of counsel and that his guilty plea was involuntary. The post-conviction court denied the petition, and this Court affirmed the denial on appeal. See State v. Tamir Clark, No. M2014-00618-CCA-R3-PC, 2014 WL 7191536, at *1 (Tenn. Crim. App., at Nashville, Dec. 18, 2014), perm. app. denied (Tenn. April 13, 2015). On February 24, 2016, the Petitioner filed a petition for a writ of error coram nobis alleging newly discovered evidence. In March 2016, the trial court issued an order dismissing the petition as time-barred. We affirm the trial court's judgment.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          Tamir Clark, Clifton, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Jennings H. Jones, District Attorney General; and J. Paul Newman, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and Robert L. Holloway, Jr., J., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts and Procedural History

         The Petitioner pleaded guilty, on November 21, 2012, to especially aggravated kidnapping, arson, especially aggravated robbery, and attempted first degree murder of his stepmother. These convictions arose out of the Petitioner's breaking into his stepmother's residence, attacking her, stabbing her, and then dragging her from the residence and placing her in her vehicle parked in the driveway. The Petitioner attempted to steal the vehicle but instead started a fire in the front compartment of the vehicle. The Petitioner's stepmother was pulled out of the vehicle before it ultimately exploded.

         The Petitioner, pro se, filed a petition for writ of error coram nobis on February 24, 2016, alleging newly discovered evidence. He asserted that the newly discovered evidence was the victim's hospital records that he claimed showed that the victim was not treated for stab wounds and that she did not suffer from life-threatening injuries. The Petitioner asserted that he did not receive this evidence from his attorney until October 9, 2015, and that this evidence would have provided him a defense for trial.

         After reviewing the petition, the trial court filed an order denying relief. In its order dated, March 11, 2016, the trial court made the following findings:

The Court finds the claim concerning the hospital records is time barred and filed outside of the applicable statute of limitations designated for this type of relief. Although the statute of limitations would have expired in December 2013, the claimed grounds for relief did not arise until October 2015. This Court finds, however, that a strict application of the limitations period does not deny the petitioner a reasonable opportunity to present his claim. Because the hospital records upon which [petitioner] relies as his grounds for relief were in the possession of [petitioner]'s ...

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