Current Pending Cases – Criminal

Thomas Edward Clardy v. State of Tennessee (Writ of Error Coram Nobis Claim)

Style: Thomas Edward Clardy v. State of Tennessee

TSC Docket Number: M2021-00566-SC-R11-ECN

Court of Criminal Appeals Opinion:

Summary by the Court of Criminal Appeals:

For a 2005 shooting, a Davidson County jury convicted the Petitioner, Thomas Edward Clardy, of one count of first degree premeditated murder, two counts of attempted first degree premeditated murder, and three counts of reckless endangerment. The trial court imposed a life sentence. On December 8, 2020, the Petitioner filed a petition for a writ of error coram nobis, alleging newly discovered evidence in the form of an affidavit showing that he did not participate in the crime. The Petitioner acknowledged that he did not file the petition within the applicable statute of limitations but said he was entitled to an equitable tolling. The State agreed, and it asked the trial court for an equitable tolling and to hear the case on its merits. The coram nobis court, noting that it was not bound by the State’s concession, dismissed the petition as untimely. After review, we conclude that the coram nobis court erred and that the Petitioner is entitled to an equitable tolling of the statute of limitations. As such, we reverse and remand to the coram nobis court for a hearing on the Petitioner’s error coram nobis claims.

Permission to Appeal Granted: December 19, 2022

Appellants’ Briefs Filed: January 18, 2023

Appellees’ Briefs Filed: February 17, 2023

Appellants’ Reply Brief Filed: March 3, 2023

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: June 1, 2023

Link to Oral Argument Video:

Date of TSC Opinion:  

Opinion of the TSC: 

TSC Summary of the Opinion:


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