Cole v. State

OPINION

DAUGHTREY, Judge.

In this appeal, the sole issue raised by the defendant-appellant concerns the failure of the trial judge to hold an evidentiary hearing on the defendant’s petition for writ of error coram nobis, brought under T.C.A. § 40-3411. That statute, as amended by Acts 1978, ch. 738, § 1, now provides that “[u]pon a showing by the defendant that he 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…