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· 2/11/2020

State of Tennessee v. Nicholas Todd Sutton

Syllabus

The Petitioner, Nicholas Todd Sutton, appeals as of right from the Morgan County Criminal Court's summary dismissal of his petition for a writ of error coram nobis. On appeal, the Petitioner contends that (1) the evidence of several jurors' viewing the Petitioner in shackles and handcuffs during his capital trial and sentencing hearing is newly discovered, (2) the Petitioner is without fault for failing to present this evidence previously, (3) equitable tolling of the statute of limitations applies, (4) constitutional considerations require the coram nobis court to address this case on the merits, and (5) the coram nobis court abused its discretion by summarily dismissing the petition. Following our review, we affirm the judgment of the coram nobis court.

Judges: Judge Robert H. Montgomery, Jr.

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