What Adam Braseel’s Hearing on September 13th is all about

On Wednesday, September 13th, Adam Braseel will have a hearing in front of Judge Justin Angel at the Grundy County Court house, part of the 12th circuit courts of Tennessee. Michael Taylor is the District Attorney, Steve Strain being the assistant DA who tried the case.

Being presented is a petition for Error Corum Nobis. Where the Court can correct an original judgment upon discovery of a fundamental error which did not appear in the records of the original judgement’s proceedings.

The relief obtainable by this proceeding shall be confined to errors dehors the record and to matters that were not or could not have been litigated on the trial of the case, on a motion for a new trial, on appeal in the nature of a writ of error, on writ of error, or in a habeas corpus proceeding. Upon a showing by the defendant that the defendant was without fault in failing to present certain evidence at the proper time, a writ of error coram nobis will lie for subsequently or newly discovered evidence relating to matters which were litigated at the trial if the judge determines that such evidence may have resulted in a different judgment, had it been presented at the trial.

The issue shall be tried by the court without the intervention of a jury, and if the decision be in favor of the petitioner, the judgment complained of shall be set aside and the defendant shall be granted a new trial in that cause. In the event a new trial is granted, the court may, in its discretion, admit the petitioner to bail; provided, that the offense is bailable. If not admitted to bail, the petitioner shall be confined in the county jail to await trial.”

The evidence in this regard being the written testimony of SGT Mike Brown and a juror who has come forward.

Also heard at the hearing will be a request for a status conference to determine whether arguments in the 2015 Post Conviction Hearing, which resulted in a reversal of the conviction, but then was subsequently reversed by the Criminal Court of Appeals, were sufficiently ruled on.

These proceedings are separate from a Habeas petition filed to the Federal Court, which is being reviewed by Justice Curtis Collier.



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