Law on Writ of Error Coram Nobis

A writ of error coram nobis is a legal remedy used to correct errors of fact, not law, in a criminal conviction. It allows the trial court to revisit its own judgment to rectify errors of fact that were unknown or not presented at the original trial, according to LII and Greg Hill & Associates. It's an extraordinary remedy, typically used when other avenues for relief, like appeals or motions for a new trial, have been exhausted or are unavailable, LII. 

Key aspects of the writ of error coram nobis:

• Focus on Errors of Fact:

  It's designed to correct errors of fact, not errors of law, that were not previously known or presented to the court during the original trial, according to LII. 

• Extraordinary Remedy:

  It's not a common remedy and is typically reserved for cases where other avenues for relief have been exhausted or are not available, according to LII. 

• Time Limit:

  There may be time limitations for filing a writ of coram nobis, so it's crucial to act promptly, according to Duke Law Scholarship Repository. 

• Requirements:

  To obtain the writ, the petitioner must demonstrate that new, relevant facts exist that were not previously known or presented, and that these facts would likely have changed the outcome of the trial, according to LII. 

• No Negligence:

  The petitioner must also show that they were not negligent in failing to present the facts earlier, according to LII. 

• Appellate Court Review:

  If the judgment has been affirmed on appeal, the writ is filed in the appellate court and is sometimes referred to as coram vobis, according to Greg Hill & Associates. 

Examples of situations where a writ of coram nobis might be granted:

• Discovery of new evidence:

  If new evidence emerges that was not presented at the original trial and would likely change the outcome. 

• Extrinsic fraud:

  If the guilty plea or conviction was obtained through fraud or other wrongful means. 

• Mental incompetence:

  If the defendant was insane or mentally incompetent at the time of the trial and the court and/or counsel were unaware. 

Distinction from other remedies:

• Writ of Habeas Corpus:

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  While both can be used to challenge a conviction, a writ of habeas corpus is typically used to challenge the legality of detention, whereas a writ of coram nobis focuses on correcting factual errors, according to federalappealslawfirm.com. 

• Direct Appeal:

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  A writ of error coram nobis is not a substitute for a direct appeal and is typically used after other avenues for relief have been exhausted or are unavailable, according to LII.