JAMES CLARK, JR.
STATE OF TENNESSEE
Assigned on Briefs November 7, 2017
from the Criminal Court for Shelby County No. 91-07308,
91-07309, 91-07310, 91-07311, 91-07312, 91-07313, 91-07314
James M. Lammey, Judge
Petitioner, James Clark, Jr., appeals pro se from the Shelby
County Criminal Court's summary dismissal of his petition
for writ of error coram nobis. He contends that the coram
nobis court erred in dismissing the petition. Upon review, we
affirm the judgment of the coram nobis court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Clark, Jr., Pikeville, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Glen Baity, Assistant
District Attorney General, for the appellee, State of
L. Holloway, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ.,
L. HOLLOWAY, JR., JUDGE
and Procedural Background
1992, a Shelby County jury convicted the Petitioner and
co-defendant RichardHonaker of two counts of aggravated
burglary, two counts of especially aggravated robbery, and
three counts of theft of property over $1, 000. State v.
James Clark and Richard Gene Honaker, No.
02C01-9206-CR-00149, 1993 WL 414015, at *1 (Tenn. Crim. App.
Oct. 20, 1993), perm. app. denied concurring in results
only (Tenn. May 16, 1994). The Petitioner was also
convicted of two counts of attempt to commit first degree
murder, and Honaker was convicted of two counts of attempt to
commit second degree murder. Id. The trial court
sentenced the Petitioner to an effective sentence of 127
years and Honaker to an effective sentence of forty years.
Id. On direct appeal, this court affirmed the
Petitioner's and Honaker's judgments of conviction,
and the Tennessee Supreme Court denied further appellate
review. Id. at *8.
court provided the following summary of the facts underlying
On April 23, 1991, Ronald Honaker entered a Memphis pawn shop
at approximately 11:30 a.m. and indicated that he had
numerous items to sell. Honaker was wearing a distinctive
Michael Jordan t-shirt which was later identified as one
stolen, along with other items, from the homes of Dabney
Shelton and Jacqueline Bland. The clerk accompanied Honaker
outside to look at the items which were in the back of a
black G.M. pick-up truck. The clerk became suspicious when he
noticed that there were several television sets, Nintendo
games, baseball gloves, and other items jumbled together
under a rug. He also noticed [the Petitioner] sitting behind
the steering wheel of the truck. [The Petitioner] and Honaker
had a short discussion regarding the price of the items in
The clerk returned to the store and spoke to the manager who
also went to inspect the items in the truck. The manager
noticed that there was a purple cloth wrapped around the
steering column of the truck. The price of the goods was
again discussed with Honaker and [the Petitioner]. In the
meantime, the clerk called the police.
While waiting for the police, the manager had the appellants
carry the items into the pawn shop where he tested them to
see if they were operable. Officer James Woods and Officer
Charles Woods (no relation) arrived and apprehended 
Honaker as he was coming out of the pawn shop. Honaker was
placed in the police car. Officer Charles Woods entered the
pawn shop and came out with [the Petitioner]. After giving
both suspects a "quick shake down" and locking them
in the patrol car, the officers called for back-up
assistance. Ultimately, the victims of the burglaries came to
the pawn shop and identified their belongings and the truck.
Shelton identified the t-shirt worn by  Honaker as one
belonging to her son. None of the victims had personal
knowledge concerning the identity of the persons who had
burglarized their homes.
Honaker and Clark, with their hands handcuffed behind their
backs, were interviewed separately by the investigative team
and then returned to the backseat of the patrol car for
transport. At some point prior to leaving the parking lot,
[the Petitioner] managed to free one hand. In [the
Petitioner's] possession was a .25 caliber pistol which
Honaker later admitted he had taken from the home of one of
the burglary victims.
Several blocks after leaving the pawn shop, [the Petitioner],
who was seated behind the driver, James Woods, pulled out the
pistol and shot Officer Charles Woods twice in the head. [The
Petitioner] then ordered Officer James Woods to pull over.
The police officer swerved the cruiser into a parking lot,
slammed on the brakes, and rammed into a trailer parked in
the lot. As Officer James Woods jumped from the car, [the
Petitioner] shot the officer in the back of the head. [The
Petitioner] broke the window next to his elbow, opened the
door, climbed into the driver's seat, and sped away.
Officer James Woods fired a number of shots at the car as it
left the lot.
As he drove away, [the Petitioner] reached over and removed
the revolver from Officer Charles Woods' holster and
pointed it at the officer seated in the passenger seat next
to [the Petitioner]. Honaker, still handcuffed in the
backseat, began yelling at [the Petitioner] to shoot the
officer, stop the car, and remove his handcuffs. Officer
Charles Woods, who had not lost consciousness, managed to
open the passenger door with his foot and, as the car made a
sharp left turn, rolled out of the vehicle.
[The Petitioner] and Honaker were apprehended a short time
later without struggle from their hiding place under a roll
of carpet beneath a viaduct. The .25 caliber pistol was in
[the Petitioner's] back pocket. He showed officers where
he had thrown Officer Charles Woods' revolver. A few
minutes later [the Petitioner] spontaneously confessed ...