Assigned on Briefs January 4, 2018
from the Criminal Court for Shelby County No. 08-05720 Chris
Petitioner, Chris Jones, appeals the Shelby County Criminal
Court's dismissal of his petition for writ of error coram
nobis. The Petitioner concedes that his petition was filed
nearly seven years beyond the one-year statute of limitations
and argues that due process consideration warrants tolling of
the limitations period. Upon review, we affirm the dismissal
of the petition.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Jones, pro se, Nashville, Tennessee.
Herbert H. Slatery III, Attorney General and Reporter; Ronald
L. Coleman, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Karen Cook, Assistant District
Attorney General, for the appellee, State of Tennessee.
Camille R. McMullen, J., delivered the opinion of the court,
in which John Everett Williams and Alan E. Glenn, JJ.,
CAMILLE R. McMULLEN, JUDGE
early morning hours of March 14, 2008, the Petitioner was
involved in an altercation at a bar in Memphis, which led to
him shooting two bar patrons and the death of Donald Munsey.
The facts, as fully outlined in this court's direct
appeal opinion, stem from a parking dispute.
Justin Smith testified that he was sitting in his truck when
the [Petitioner's] truck "[j]ust came flying in
around the corner ... [and] almost hit [his] truck in
parking." Mr. Smith further testified that he felt he
would not be able to get his truck out of the parking spot
because of the way the [Petitioner] had parked his truck.
However, Mr. Smith waited until the [Petitioner] had gone
inside the bar to speak to him about his truck. Once inside,
the [Petitioner] sat down with Ms. Lampley and Mary at a
table near the front door and ordered a beer. Mr. Smith then
approached the [Petitioner] to discuss how the two trucks
were parked. The testimony at trial presented several
conflicting versions of exactly what was said during this
Kimberly Guest, the waitress working at Windjammer that
night, testified that Mr. Smith asked the [Petitioner] if it
was his truck outside and "if he could possibly move it
because ... the trucks were close and [he] didn't want to
hit his truck." Ms. Guest testified that "there was
no indication that there was any kind of problem, "
there was no physical contact between the two men, and she
did not hear any "threatening language." Stephanie
Ravinuthala, a patron at the bar that night, testified that
Mr. Smith asked the [Petitioner] if he drove a gray truck and
told the [Petitioner] that he was "parked like three
inches from [Mr. Smith's] bumper and [Mr. Smith could
not] get out." Ms. Ravinuthala also testified that Mr.
Smith did not appear to be belligerent and that she did not
recall Mr. Smith cursing at the [Petitioner].
Mr. Smith testified that when he asked the [Petitioner] to
move his truck, the [Petitioner] responded by saying
"f-k you . . . I'm not moving it." On
cross-examination, Mr. Smith repeatedly denied threatening
or being aggressive with the [Petitioner] but admitted that
after the [Petitioner] told him "f-k you, " he
was "rude" toward the [Petitioner]. However, Ms.
Lampley testified that Mr. Smith approached the
[Petitioner] intoxicated, "very loud, very
arrogant" before asking the [Petitioner] "if that
was his f g truck outside." Ms. Lampley testified that
the [Petitioner] was very calm during this exchange and
told Mr. Smith he would move his truck when Mr. Smith was
ready to leave.
At some point after their conversation, both Mr. Smith and
the Defendant went outside. Gary Miller was working at the
front door, checking IDs, that night and testified that he
overheard the two men "discussing the way the [trucks]
were parked." Mr. Miller also testified that at some
point two or three other men joined the conversation.
According to Mr. Miller, the [Petitioner] asked the men
"did they not realize that he was a police officer by
the tag that was on the truck." Mr. Miller further
testified that there was no physical contact between the
[Petitioner] and any of the three or four people with him.
Mr. Smith testified that he went outside with the
[Petitioner] because the [Petitioner] "wanted to show me
his license plate." The [Petitioner] told Mr. Smith that
"he was a cop and he had the tag on his truck." Mr.
Smith testified that after their conversation outside, he did
not speak to the [Petitioner] again that evening.
Mr. Smith's friend, William Bobbitt, testified that he
was near the front door when Mr. Smith and the [Petitioner]
went to look at the trucks. On their way back to the front
door, Mr. Bobbitt overheard the [Petitioner] say that he was
not going to move his truck and that Mr. Smith should look at
his license plate. Someone asked the [Petitioner] what he
meant by this, and he replied that he was a police officer.
Mr. Bobbitt testified that the [Petitioner] spoke with an
aggressive tone but that there was no physical contact
between the [Petitioner] and anyone outside. Mr. Bobbitt
further testified that everyone went back inside after Mr.
Munsey stepped outside and told them to come in.
Ms. Lampley testified that before the [Petitioner] and Mr.
Smith went outside, Mr. Smith made a phone call and a short
time later "[a]bout [ten] guys around the age of 21 to
25 showed up" and were looking at the [Petitioner]. Ms.
Lampley testified that the [Petitioner] looked scared when he
came back inside. Ms. Lampley testified that she felt
threatened because this group of men continued to stare at
the [Petitioner] and her. However, on cross[-]examination Ms.
Lampley admitted that she was ...