Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tucker v. State

Court of Criminal Appeals of Tennessee, Nashville

August 12, 2019

FREDERICK LEON TUCKER
v.
STATE OF TENNESSEE

          Assigned on Briefs February 12, 2019

          Appeal from the Criminal Court for Davidson County No. 2003-A-492 Monte Watkins, Judge

         Petitioner, Fredrick Leon Tucker, appeals the denial of his petition for a writ of error coram nobis based upon newly discovered evidence. We find that the error coram nobis court, in violation of Tennessee Supreme Court Rule 10B, failed to rule on Petitioner's motion to recuse before entering an order denying the petition. Therefore, we vacate the order denying the petition for a writ of error coram nobis and remand for consideration of the petition. Furthermore, in order to avoid even the possibility of an appearance of impropriety, the original error coram nobis judge is recused from further proceedings in this case.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Vacated and Remanded

          Fredrick Leon Tucker, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, J., delivered the opinion of the court, in which Robert W. Wedemeyer and Timothy L. Easter, JJ., joined.

          OPINION

          THOMAS T. WOODALL, JUDGE

         Procedural History

         Petitioner was convicted of rape of a child and sentenced to twenty-one years in the Department of Correction. This court affirmed the conviction on appeal. State v. Frederick Leon Tucker, No. M2005-00839-R3-CD, 2006 WL 547991 (Tenn. Crim. App. Mar. 7, 2006). Petitioner filed a petition for post-conviction relief, which was denied by the post-conviction court. This court affirmed the denial on appeal. Fredrick Tucker v. State, No. M2007-00681-CCA-R3-PC, 2008 WL 2743644 (Tenn. Crim. App. July 14, 2008). Thereafter, Petitioner sought a writ of error coram nobis alleging that the victim's forensic interview was not presented at trial or his post-conviction hearing, denying him due process. After a hearing, the error coram nobis court found no due process concerns and that the petition was not filed within the applicable statute of limitations. This court affirmed the denial on appeal. State v. Frederick Leon Tucker, No. M2013-01077-CCA-R3-CO, 2014 WL 2001439 (Tenn. Crim. App. May 14, 2014).

         Petitioner filed a second petition for writ of error coram nobis, the subject of this appeal, alleging that he was not provided with the videotape of the forensic interview with the victim and that he was only provided with a partial transcript of the interview, which resulted in a due process violation. Filed with the petition was Petitioner's motion for recusal of the error coram nobis judge and an affidavit in support of the motion pursuant to Tennessee Supreme Court Rule 10B. The error coram nobis court entered an order summarily denying the petition for writ of error coram nobis, finding that there were no due process concerns that would entitle Petitioner to relief and that the petition was not filed within the applicable statute of limitations. The error coram nobis court did not address the motion for recusal, and there is not a separate order ruling on the recusal motion. The trial court clerk's "Certificate of Appellate Record" included within the record on appeal certifies that items transmitted to the Court of Criminal Appeals include "all of the designated papers on file in my office in the captioned case."

         Analysis

         On appeal, the first issue raised by Petitioner in his brief is that the error coram nobis court never ruled on his 10B motion for recusal. The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.