Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs July 25, 2017
from the Criminal Court for Knox County No. 104135 Steven W.
Sword, Judge No. E2016-02099-CCA-R3-ECN
Petitioner, Lavely L. Brown, appeals the denial of his
petition for writ of error coram nobis. Following our review,
we affirm the judgment of the coram nobis court denying the
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
L. Gulley, Jr., Knoxville, Tennessee, for the appellant,
Lavely L. Brown.
Herbert H. Slatery III, Attorney General and Reporter;
Benjamin A. Ball, Senior Counsel; Charme P. Allen, District
Attorney General; and Philip H. Morton, Assistant District
Attorney General, for the appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
Robert H. Montgomery, Jr., and J. Ross Dyer, JJ., joined.
E. GLENN, JUDGE.
January 1989, a Knox County Criminal Court jury convicted the
Petitioner of the first degree murder, armed robbery, and
aggravated kidnapping of the victim, Richard Mashburn. The
trial court sentenced the Petitioner to life imprisonment for
the murder conviction and two terms of forty years as a Range
II offender for the armed robbery and aggravated kidnapping
convictions, to be served concurrently to the life sentence.
The convictions were affirmed by this court on direct appeal,
and our supreme court denied the Petitioner's application
for permission to appeal. State v. Lavely Brown, No.
1278, 1990 WL 112370, at *1 (Tenn. Crim. App. Aug. 8, 1990),
perm. app. denied (Tenn. Dec. 10, 1990).
direct appeal opinion provides the following summary of the
evidence presented at trial:
A review of the record reveals the following facts. The bound
and nude body of [the victim] was found in his West Knoxville
apartment on May 14, 1986. A pathologist, called by the
State, testified that [the victim] had been killed several
days prior to when the body was found.
. . . .
[The Petitioner's] accomplice, James Robinson, testified
in detail as to how he and [the Petitioner] entered [the
victim's] apartment with the intent to rob him. The men
then tied [the victim] up and began searching for money. At
that point, Robinson went into the bedroom to search it. He
heard [the victim] beg for mercy and [the Petitioner] answer
that God could not help him any more. Robinson further
testified that he returned from the bedroom just in time to