Coram Nobis is a legal remedy available to a convicted individual who seeks to challenge their conviction based on errors or omissions that were not known or could not have been raised during the original trial or appeal. This remedy allows the court to correct a fundamental error that has resulted in a miscarriage of justice. The burden of proof lies with the petitioner to demonstrate that the error is of such a nature that it would have likely affected the outcome of the case. Coram Nobis is a discretionary remedy and is typically used as a last resort when other avenues of relief have been exhausted.
A writ of error coram nobis is a legal remedy that allows a court to correct a judgment that was based on a fundamental error not apparent on the record.
A writ of error coram nobis can be used when new evidence comes to light that was not available at the time of the original judgment, or when there was a fundamental error in the original proceedings.
Typically, the defendant in a criminal case or the petitioner in a civil case can file a writ of error coram nobis.
An appeal is a request for a higher court to review and overturn a lower court’s decision, while a writ of error coram nobis is a request for the same court that issued the original judgment to correct a fundamental error.
Grounds for filing a writ of error coram nobis may include newly discovered evidence, ineffective assistance of counsel, or a fundamental error in the original proceedings.
The time limit for filing a writ of error coram nobis varies by jurisdiction, but it is generally within a reasonable time after the discovery of the error.
The procedure for filing a writ of error coram nobis varies by jurisdiction, but it typically involves filing a petition with the court that issued the original judgment.
Yes, a writ of error coram nobis can be used to overturn a final judgment if there was a fundamental error in the original proceedings.
Yes, in most cases, a denial of a writ of error coram nobis can be appealed to a higher court.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th April 2024.
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