Wilson v. State
Annotate this CaseMore than fifteen years after Defendant's conviction for first degree murder became final, Defendant filed a petition for writ of error coram nobis alleging that he had recently discovered a note written by the assistant prosecutor before his murder trial expressing her opinion as to the lack of credibility of two of the State's witnesses. The petition alleged that the note was exculpatory, newly discovered evidence and that the State's failure to produce it before trial affected the outcome of the trial. The trial court tolled the one-year statute of limitations on due process grounds but summarily dismissed the petition. The court of criminal appeals reversed, concluding that the State had waived the statute of limitations defense and remanded for an evidentiary hearing. The Supreme Court reversed and reinstated the judgment of the trial court, holding (1) the State did not waive the statute of limitations defense, and the trial court did not err in tolling the statute of limitations; and (2) the handwritten note expressing the assistant prosecutor's opinion as to the witnesses' credibility was attorney work product, and as such, it was neither discoverable nor admissible.
Court Description: Authoring Judge: Justice Sharon G. Lee
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