Freshwater v. State’s Empirical Analysis

Citation profile

3 federal appellate · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “allegations of the newly discovered evidence in the context of violations of Brady v. Maryland " are "appropriately addressed in a petition for writ of error coram nobis.”

   2 later decisions quote this exact passage · from the majority
   e.g. Tommy Nunley v. State of Tennessee · Margo Freshwater v. State of Tennessee

2. “The petitioner, Margo Freshwater, was convicted of first degree murder in 1969. Her conviction was affirmed on direct appeal. See Freshwater v. State, 2 Tenn.Crim.App. 314 , 453 S.W.2d 446 (1969). In 2003, she filed a petition for writ of error coram nobis, alleging that new evidence existed that proved her innocence, as well as complaining of violations of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and juror misconduct that occurred at trial which necessitated a hearing and ultimately a new trial. Prior to a hearing, the trial court granted a motion to dismiss the petition because the petition was, inter alia, filed outside the statute of limitations. The petitioner seeks a reversal of the trial court’s decision on appeal. Because due process requires the tolling of the statute of limitations for filing the petition for writ of error coram nobis with respect to the petitioner’s claim of previously withheld exculpatory evidence, we reverse the judgment of the trial court and remand the matter for an evidentiary hearing on the petition. As to the remaining allegations of juror misconduct, we conclude those allegations could have and should have been addressed in a post-conviction petition and are now time-barred. Thus, we affirm the portion of the trial court’s order dismissing the part of the petition for writ of error coram nobis pertaining to those claims.”

   1 later decision quote this exact passage · from the majority
   e.g. Margo Freshwater v. State of Tennessee

3. “Despite the fact that the petitioner escaped from prison and remained at large for over thirty years, the petitioner’s trial counsel specifically requested the written statement of “any informer once held in the DeSoto County [Mississippi] Jail” as part of a discovery request. That information was not provided to the petitioner at trial. The fact that the petitioner escaped from jail and remained a fugitive for many years does not change the fact that the evidence was withheld by the State. Even if the petitioner had not escaped we have no reason to believe this evidence would have been disclosed voluntarily. Indeed, if the State’s position in this appeal were to prevail, criminal defendants, in order to protect their rights to file a coram nobis petition, would be required in every case to examine every prosecution file following their convictions in order to determine whether exculpatory evidence was withheld. We cannot believe this is something the State really wants.”

   1 later decision quote this exact passage · from the majority
   e.g. Harbison v. Bell