Case Citator › Ricky Harris v. State of Tennessee

Ricky Harris v. State of Tennessee

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Tennessee
Citation
301 S.W.3d 141
Decided
Confirmed treatments
1
Flagged citations read
32 of 32
Citing cases (total)
32
Treatment dates
2018
Overruled in part
A reviewed court has overruled part of this case’s holding. Overruled in part. All 32 flagged citations have been read.
More on how this was screened

Nunley v. State overruled Ricky Harris v. State of Tennessee on whether the State must plead the coram nobis limitations period as an affirmative defense. Harris's ruling that a lengthy delay can defeat due process tolling remains in use.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

32 later cases cite Ricky Harris v. State of Tennessee; 32 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Ricky Harris v. State of Tennessee?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Tennessee Supreme Court overruled Harris's requirement that the State raise the coram nobis filing deadline as an affirmative defense.

    Nunley v. State · Supreme Court of Tennessee · filed

    Accordingly, we hold that the statute of limitations set forth in Section 27-7-103 is not an affirmative defense that must be specifically raised by the State in error coram nobis cases; instead, the coram nobis petition must show on its face that it is timely filed. We overrule our prior cases to the extent that they hold otherwise, including, but not limited to, Wilson, 367 S.W.3d at 234; Harris II, 301 S.W.3d at 144; Harris I, 102 S.W.3d at 593; Sands, 903 S.W.2d at 299.
    Read the full opinion on CourtListener →

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