Frederick Demetrius DeBerry v. State of Tennessee
CourtCourt of Criminal Appeals of Tennessee
Date FiledAugust 19, 2026
DocketW2025-01406-CCA-R3-PC
JudgeJudge Steven W. Sword
StatusPublished
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Full Opinion
08/19/2026
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs June 23, 2026 at Knoxville
FREDERICK DEMETRIUS DEBERRY v. STATE OF TENNESSEE
Appeal from the Circuit Court for Fayette County
No. 3737 J. Weber McCraw, Judge
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No. W2025-01406-CCA-R3-PC
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The Petitioner, Frederick Demetrius Deberry, argues on appeal that the post-conviction
court erred by summarily dismissing his pro se “Motion to Amend Post-Conviction
Petition” and “Petition of ‘Actual Innocence.’” He argues that House Bill 6011 required
the post‑conviction court to amend and reconsider his filings and to grant a hearing on his
asserted “new evidence.” The State counters that his claims are waived and, alternatively,
that his pleadings were untimely and based on a misinterpretation of HB 601. Because
Tennessee law requires properly supported appellate claims and a timely statutory vehicle
for relief—and the Petitioner’s filings satisfy neither—the post‑conviction court committed
no error. We affirm.
Tenn. R. App. P. 3 Appeal as of Right;
Judgments of the Criminal Court Affirmed
STEVEN W. SWORD, J., delivered the opinion of the court, in which ROBERT H.
MONTGOMERY, JR., and TIMOTHY L. EASTER, JJ., joined.
Frederick Demetrius Deberry, Whiteville, Tennessee, Pro Se.
Jonathan Skrmetti, Attorney General and Reporter; Julia A. Johnson, Assistant Attorney
General; and Mark Davidson, District Attorney General, for the appellee, State of
Tennessee.
OPINION
I. FACTUAL AND PROCEDURAL HISTORY
1
House Bill 601 was enacted as Chapter 282 of the 2025 Public Acts, amending TCA 40-26-105.
In 1992, a Fayette County jury convicted the Petitioner of aggravated rape, and the
trial court imposed a sentence of twenty years’ incarceration, aligned consecutively to a
separate federal sentence on related charges. See State v. Deberry, No. 02C01-9304-CC-
00074, 1993 WL 492702, at *1 (Tenn. Crim. App. Dec. 1, 1993), perm. app. denied (Tenn.
May 16, 1994). On direct appeal from the conviction proceedings, the Petitioner
unsuccessfully claimed that the State failed to prove venue, that the State committed
prosecutorial misconduct by excusing potential jurors on account of race, and that the
sentence should not have been ordered to be aligned consecutively to the federal court
sentence. Id. In November 2005, the Petitioner filed an unsuccessful “motion for new
trial,” alleging prosecutorial misconduct and ineffective assistance of counsel, which was
also unsuccessful on appeal. See State v. Deberry, No. W2005-02843-CCA-R3-CD, 2006
WL 2040437, at *1 (Tenn. Crim. App. July 20, 2006), perm. app. denied (Tenn. Jan. 2,
2007). In May 2015, the Petitioner filed a petition for post-conviction relief raising claims
of prosecutorial misconduct, ineffective assistance of counsel, insufficient evidence, and
the denial of due process; the post-conviction court summarily dismissed the petition as
untimely, and this court affirmed. See Deberry v. State, No. W2015-00951-CCA-R3-PC,
2016 WL 369390, at *1 (Tenn. Crim. App. Jan. 29, 2016), no perm. app. filed. Then, in
August 2022, the Petitioner filed a motion to correct an illegal sentence pursuant to
Tennessee Rule of Criminal Procedure 36.1, alleging that the trial court considered
“unfounded and unsupported ‘judge found’ fact(s) to enhance his sentencing range,” the
trial court summarily dismissed the motion for various procedural deficiencies, and this
court dismissed his appeal as untimely. See State v. Deberry, No. W2022-01530-CCA-
R3-CD, 2023 WL 4450491, at *1 (Tenn. Crim. App. July 11, 2023), perm. app. denied
(Tenn. Nov. 20, 2023). In December 2024, the Petitioner filed a petition for a writ of
habeas corpus, which the habeas court summarily dismissed after finding that the
Petitioner’s claims had either been previously determined or were not cognizable in habeas
corpus proceedings. Deberry v. State, No. W2025-00048-CCA-R3-HC, 2025 WL
3205507, at *1 (Tenn. Crim. App. Nov. 17, 2025), no perm. app. filed. On appeal, this
court affirmed, concluding that the Petitioner had not shown that his challenged judgment
was void or that his sentence had expired. Id. at *3.
On July 21, 2025, the Petitioner filed a pro se “Petition for Post-Conviction Relief
Pursuant to House Bill 6012 (T.C.A. § 40-30-501(1) and (2)[)] ‘Actual Innocence,’” which
the post-conviction court summarily dismissed as untimely on July 29, 2025. On August
4, 2025, the Petitioner filed a “Motion to Amend Post-Conviction Petition,” which
requested that the post-conviction court construe his July 2025 “Petition for Post-
Conviction Relief” as a “Petition of Actual Innocence” rather than as a post-conviction
petition. The Petitioner attached a “Petition of Actual Innocence” to this filing. On August
13, 2025, the Petitioner filed a “Motion for Relief from Judgment” pursuant to Tennessee
2
We will hereafter refer to House Bill 601 as “HB 601.”
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Rule of Civil Procedure 60, requesting that the post-conviction court either set aside or
strike its July 29, 2025 order dismissing his July 21, 2025 petition or “accept his Motion to
Amend as timely filed.” On August 5, 2025, the post-conviction court summarily denied
the Petitioner’s “Motion to Amend Post-Conviction Petition,” and on August 19, 2025, the
post-conviction court summarily denied the Petitioner’s “Motion for Relief from
Judgment.” On August 29, 2025, the Petitioner filed a timely notice of appeal from the
post-conviction court’s order denying his August 5, 2025 “Motion to Amend Post-
Conviction Petition.”
On November 10, 2025, the Petitioner filed a “Petition of ‘Actual Innocence’ and
For Review of ‘New Scientific’ and Other ‘Evidence’ Pursuant to [HB 601] ([Tennessee
Code Annotated sections 40-30-501, -502], Et. Seq).”3 The Petitioner claimed that HB 601
created Tennessee Code Annotated sections 40-30-501 and -502, amending the Post-
Conviction Procedure Act to permit a new type of petition for actual innocence. The
Petitioner’s Actual Innocence Petition sought an evidentiary hearing to review “new
evidence” “that was not known by the judge or jury at the time guilt was determined or at
the time of conviction,” which the Petitioner claimed would establish his actual innocence.
The Petitioner identified expert testimony from his 1991 federal trial in Mississippi as “new
evidence,” which he claimed was not provided to his trial counsel in his 1992 Tennessee
aggravated rape trial. On November 25, 2025, the post-conviction court entered an order
summarily denying the Actual Innocence Petition. On December 23, 2025, the Petitioner
filed a timely notice of appeal from the post-conviction court’s November 25, 2025 order.
On February 23, 2026, this court granted the Petitioner’s request to consolidate the
appeals from the post-conviction court’s August 5, 2025 order denying the Petitioner’s
“Motion to Amend Post-Conviction Petition” and its November 25, 2025 order denying
the Actual Innocence Petition. See State v. Deberry, No. W2025-01406-CCA-R3-PC
(Tenn. Crim. App. Feb. 23, 2026) (order).
II. ANALYSIS
On appeal, the Petitioner raises six related issues claiming the post-conviction court
abused its discretion and/or committed either structural error or procedural error in the
summary dismissal of his pro se pleadings. First, the Petitioner contends that the post-
conviction court abused its discretion when it denied his “Motion to Amend [his] Mis-
Characterized Pleadings” without considering it in conjunction with HB 6014 and his right
3
We will hereafter refer to this petition as the “Actual Innocence Petition.”
4
Each of the Petitioner’s claims asserts that HB 601 was codified at Tennessee Code Annotated
section(s) 40-30-501, and 40-30-502 and that the trial court failed to consider the Petitioner’s pleadings in
conjunction with HB 601.
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to be heard, pursuant to HB 601, in an Actual Innocence Petition. Next, the Petitioner
contends that the post-conviction court committed structural error, in violation of his due
process rights, as provided in Article I, section 8 of the Tennessee Constitution and the
Fourteenth Amendment of the United States Constitution when it denied his “Motion to
Amend [his] Mis-Characterized Pleadings,” his “Motion for Relief from Judgment, and his
Actual Innocence Petition.” Lastly, the Petitioner claims the post-conviction court
committed procedural error, in violation of his due process rights, as provided in Article I,
section 8 of the Tennessee Constitution and the Fourteenth Amendment of the United
States Constitution when it denied his Actual Innocence Petition, without considering the
veracity of the “new scientific” and other “evidence,” presented in the petition.
The State responds that the Petitioner’s claims on appeal are waived due to
inadequate briefing and, alternatively, that the post-conviction court properly denied the
Petitioner’s pro se pleadings. The State argues that the Petitioner’s brief fails to comply
with the procedural requirements of both Tennessee Rule of Appellate Procedure 27 and
Rule 10 of the Tennessee Court of Criminal Appeals by failing to include citations to the
record. The Petitioner replies that while he “unintentionally failed to include the citation
to the record, he . . . did adequately present his claims and argument(s) in his pleading(s)
legibly and appropriately.” The Petitioner further argues that his error “by no means
prejudiced the State’s ability to adequately respond to the claims presented” in his principal
brief and that his pro se pleadings should be held to a less stringent standard than attorney-
filed pleadings. We agree with the State.
The basic rules of this court require an appellant to present a brief which sets forth
“the contentions of the appellant with respect to the issues presented, and the reasons
therefor, including the reasons why the contentions require appellate relief, with citations
to the authorities and appropriate references to the record (which may be quoted verbatim)
relied on.” Tenn. R. App. P. 27(a)(7); see Tenn. R. Ct. Crim. App. 10(b) (“Issues which
are not supported by argument, citation to authorities, or appropriate references to the
record will be treated as waived in this court.”). Simply, “[i]t is not the role of the courts,
trial or appellate, to research or construct a litigant’s case or arguments for him or her, and
where a party fails to develop an argument in support of his or her contention or merely
constructs a skeletal argument, the issue is waived.” Sneed v. Bd. of Prof’l Resp., 301
S.W.3d 603, 615 (Tenn. 2010). “Although pro se litigants are afforded more leniency than
lawyers, they are . . . not entitled to shift the burden of litigating their case to the courts.”
State v. Benson, No. W2017-01276-CCA-R3-CD, 2018 WL 4562928, at *3 (Tenn. Crim.
App. Sept. 21, 2018) (internal quotation marks omitted) (quoting Chiozza v. Chiozza, 315
S.W.3d 482, 487 (Tenn. Ct. App. 2009)), perm. app. denied (Tenn. Feb. 25, 2019). The
Petitioner does not dispute that he failed to include appropriate citations to the record in
his brief. Accordingly, appellate review of the Petitioner’s claims is waived, and he is not
entitled to relief from the post-conviction court’s judgments.
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Waiver notwithstanding, the Petitioner has failed to establish that he is entitled to
any relief. Initially, we note that the Petitioner’s claim regarding the post-conviction
court’s denial of his “Motion for Relief from Judgment” is not properly before this court.
Rule 3(f) of the Tennessee Rules of Appellate Procedure requires an appellant to specify
the judgment from which relief is sought in his notice of appeal. See Tenn. R. App. P. 3(f);
see also State v. Godsey, 165 S.W.3d 667, 670 (Tenn. Crim. App. 2004). Neither of the
Petitioner’s consolidated notices of appeal include a reference to the August 19, 2025 order
denying his “Motion for Relief from Judgment.” Thus, even absent waiver, the Petitioner’s
appellate claim regarding the August 19, 2025 order warrants dismissal pursuant to Rule
3(f).
The Petitioner initially filed a petition for post-conviction relief claiming that HB
601 created two new statutes, Tennessee Code Annotated sections 40-30-501 and -502.
The Petitioner asserted the statutes expanded the Post-Conviction Procedure Act, allowing
him to file an “Actual Innocence Petition.” The Petitioner relied upon the same
interpretation of HB 601 when he filed both his “Motion to Amend Post-Conviction
Petition” and his Actual Innocence Petition, which are the subject of his appeal. However,
the two Code sections the Petitioner contends were created by HB 601 do not exist. See
Dalton v. State, No. M2025-01530-CCA-R3-ECN, 2026 WL 1847497, at *2-3 (Tenn.
Crim. App. June 26, 2026), no perm. app. yet filed. HB 601 expanded the coram nobis
statute, Tennessee Code Annotated section 40-26-105, which previously applied only to
defendants who went to trial on their charges; the new law modified the existing statute to
include cases in which a defendant entered a guilty, best interest, or no contest plea. The
Petitioner’s conviction for aggravated rape was based upon a conviction at a trial, which
occurred in 1992. Thus, the Petitioner’s ability to file a petition for writ of error coram
nobis existed prior to the passage of HB 601. Thus, the trial court did not abuse its
discretion when it determined that the pleadings as filed by the Petitioner did not provide
him with any relief.
In his reply brief, the Petitioner claims that, prior to receiving the State’s brief, he
was unaware that the statute amended by HB 601 was Tennessee Code Annotated section
40-26-105, governing writs of error coram nobis. Petitioner claims for the first time in his
reply brief that his Actual Innocence Petition should have been treated as a writ of error
coram nobis by the post-conviction court.5 A petition for writ of error coram nobis must
be filed within one year after the challenged judgment becomes final in the trial court.
5
Two opinions of this court have addressed similar claims unsuccessfully raised by a petitioner
requesting relief pursuant to the writ of error coram nobis. See Overton v. State, No. M2025-01905-CCA-
R3-PC, 2026 WL 2085437 (Tenn. Crim. App. July 20, 2026), no perm. app. yet filed; Dalton, 2026 WL
1847497.
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Tenn. Code Ann. § 27-7-103. Thus, absent equitable tolling, the statute of limitations for
a writ of error coram nobis in the Petitioner’s case expired well over thirty years ago.
In Clardy v. State, 691 S.W.3d 390, 399 (Tenn. 2024), the Tennessee Supreme Court
elaborated on the standard for equitable tolling of petitions for coram nobis relief. The
court noted that the “analysis for relief on the merits of the petition is separate and distinct
from the analysis for whether the statute of limitations may be tolled.” Id. When a
petitioner seeks the tolling of the one-year statute of limitations for an untimely-filed
petition for a writ of error coram nobis,
the coram nobis court should first ascertain whether the petition cites new
evidence discovered after expiration of the limitations period, and whether
the coram nobis petition shows it was filed no more than one year after the
petitioner discovered the new evidence. If so, the coram nobis court should
assume arguendo the veracity of the new evidence cited in the coram nobis
petition, for the purpose of assessing whether to toll the statute of limitations.
To grant tolling, the coram nobis court must find that the new evidence
would, if credited, clearly and convincingly show that the petitioner is
actually innocent of the underlying crime, i.e., that the petitioner did not
commit the crime.
Id. at 409 (emphasis added) (citing Keen v. State, 398 S.W.3d 594, 612 (Tenn. 2012)). Here,
the Petitioner concedes that he received the transcripts of the “new evidence” in 1994; thus,
had the post-conviction court treated the Petitioner’s pleading as a petition for a writ of
error coram nobis, he admittedly could not establish that it was filed no more than one year
after the Petitioner discovered the new evidence. Accordingly, the Actual Innocence
Petition does not demonstrate that the Petitioner would be entitled to equitable tolling. The
post-conviction court did not err by summarily dismissing the petition. The Petitioner is
not entitled to relief.
III. CONCLUSION
Following our review of the record and based upon the foregoing analysis, we affirm
the judgments of the post-conviction court.
S/ STEVEN W. SWORD_____________
STEVEN W. SWORD, JUDGE
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