The Supreme Court of Tennessee
recently issued an opinion in Cyrus Deville Wilson vs. State of Tennessee, a case
concerning whether a notation in the prosecutor’s file expressing her opinions
to the lack of credibility of the State’s witnesses is newly discovered
evidence which the defendant may base a petition for writ of error coram nobis
(a legal writ issued by a court to correct a previous fundamental error to
achieve justice where no other remedy is available).
In the case, Cyrus Deville Wilson
was tried and convicted for first-degree murder and sentenced to life in
prison. Key to the State’s case were two juvenile eyewitnesses. Petitioner obtained the District Attorney’s
file in this matter which contained handwritten notes wherein the prosecutor
had written “good case but for most of [the witnesses] are juveniles who have
already lied repeatedly.” Petitioner then filed a petition for writ of error
coram nobis contending that this constituted exculpatory evidence that was
withheld in violation of his constitutional rights and requested a new
trial. The coram nobis court dismissed
the petition.
The Court of Appeals reversed the
judgment of the trial court and remanded for an evidentiary hearing. The
Court of Appeals held that the petition raises a possible ground for relief, but that
numerous facts need to be established before the trial court can determine
whether the petition has any merit. Therefore, without an evidentiary hearing
there is not enough evidence on the record for the coram nobis court to
determine whether the petition has any merit. The state appealed.
The Supreme Court held that the
handwritten note expressing the prosecutor’s opinion as to witness credibility
was attorney work product. As such it was neither discoverable nor admissible.
Thus, the note ought not be deemed newly discovered error on which a petition
for writ of error coram nobis could be based. The Court reversed the Court of
Criminal Appeals and reinstated the judgment of the trial court.
To read a full version of the
opinion click here.
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