No. 18-9260

Frederick E. Braxton v. Tennessee

Lower Court: Tennessee
Docketed: 2019-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: coram-nobis due-process equal-protection equal-protection-clause eyewitness perjury trial-judge witness-credibility
Key Terms:
DueProcess
Latest Conference: 2019-06-20
Question Presented (AI Summary)

Is Due Process and/or Equal Protection Clauses of the XIVth Amendment of the U.S. Constitution violated when the sole eyewitness to a crime is the victim, who testified at a coram nobis hearing that he committed perjury at the original trial, if the trial judge sua sponte decides that the victim is a liar, but not a liar at the original trial?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I. Is Due Process and/or Equal Protection Clauses of the XIVth Amendment of the U.S. Constitution violated when the sole eyewitness to a crime is the victim, who testified at a coram nobis hearing that he committed perjury at the original trial, if the trial judge sua sponte decides that the victim is a liar, but not a liar at the original trial?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondent State of Tennessee to respond filed.
2019-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2019)

Attorneys

Frederick Braxton
Gregory D. SmithLaw Offices of Gregory D. Smith, Petitioner
State of Tennessee
David H. FindleyTennessee Attorney General, Respondent