Court of Criminal Appeals of Tennessee, Nashville
JERRY D. CARNEY
STATE OF TENNESSEE
Assigned on Briefs March 14, 2017
from the Criminal Court for Davidson County No. 97-D-2821
Cheryl A. Blackburn, Judge
1998, a Davidson County jury convicted the Petitioner, Jerry
D. Carney, of first degree premeditated murder. On direct
appeal, this Court affirmed the Petitioner's convictions.
See State v. Jerry D. Carney, No.
M1999-01139-CCA-R3-CD, 2000 WL 1335770, at *1 (Tenn. Crim.
App., at Nashville, Sept. 15, 2000), perm. app.
denied (Tenn. April 24, 2001). On December 19, 2014, the
Petitioner filed his fourth petition for a writ of error
coram nobis and in it alleged newly discovered evidence. The
trial court issued an order on April 22, 2014, dismissing the
petition as time-barred and meritless. We affirm the trial
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
D. Carney, Only, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Glenn R.
Funk, District Attorney General; and Megan M. King, Assistant
District Attorney General, for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the court, in
which Norma McGee Ogle and Camille R. McMullen, JJ., joined.
W. WEDEMEYER, JUDGE
Davidson County jury convicted the Petitioner of first degree
premeditated murder after evidence at trial showed that the
Petitioner, on August 13, 1997, shot the victim, Craig
Cartwright, six times. This court summarized the underlying
facts and procedural history in our last opinion addressing
the Petitioner's third petition for a writ of error coram
direct appeal opinion provides the following summary of the
proof presented at trial:
On the night of August 13, 1997, the [Petitioner], Jerry
Carney, was "riding around" Nashville and drinking
beer with his friends Eric Bradshaw, Mike Shane, Jimmy
Womack, and Melia Gribble. Erin Harris, another friend, paged
the [Petitioner] and requested that he pick her up at 716
Virginia Avenue. On the way to Virginia Avenue, Bradshaw
remarked that he believed that someone who had a problem with
his brother, someone named "Shane" or "Shawn,
" lived at that address.
Upon arriving at the residence, the four males exited the car
and began urinating in the front yard. Bill Massey and [the
victim] walked out of the residence to investigate. The
[Petitioner] began asking several people, "Who is
Shane?" [The victim] responded that he was Shane. Upon
hearing [the victim] identify himself as Shane, the
[Petitioner] quickly walked back to the vehicle and sat in
the back seat behind the driver.
Massey approached the car on the driver's side and
noticed a gun on the seat near the [Petitioner]. Massey asked
if the [Petitioner] had a problem. The [Petitioner] replied
that there was no problem. Massey then requested one of the
beers that was located in the back seat. The [Petitioner]
handed Massey a beer. As soon as Massey touched the beer, the
[Petitioner] grasped the gun with both hands. Massey threw
down the beer and grabbed the [Petitioner], hoping to disarm
him. [The victim] had moved to the passenger side of the car.
Although Massey was in direct contact with the [Petitioner],
the [Petitioner] never looked at Massey. Instead, the
[Petitioner] pulled the slide of the gun back twice and fired
six shots into [the victim] who was standing near the open
The [Petitioner], Bradshaw, Shane, Womack, Gribble, and
Harris sped away in the car to Bradshaw's house. The
[Petitioner] took a shirt and wiped the car, inside and out,
in order to destroy evidence. He also removed a decal from
the back glass of the car and tried to remove all of the
spent shell casings from the car. The [Petitioner] entered
Bradshaw's house, removed his bloody clothes, and soaked
them in water in the bathtub. He then went to sleep and slept
until the next day when he was picked up by the police for
The [Petitioner] testified that he shot [the victim] in
self-defense. The [Petitioner] stated that he was afraid of
Massey and [the victim] because they were much larger than
he. The [Petitioner] claimed that Massey had grabbed the
[Petitioner] by the shirt collar prior to the
[Petitioner's] retreat to the car. The [Petitioner]
alleged that he ...