Define: Writ Of Coram Nobis

The “Writ of Coram Nobis” is a legal remedy used to correct errors in a court’s judgement or order after the conclusion of a case, typically due to newly discovered evidence or fundamental errors that were not previously known or considered by the court. The Latin term “Coram Nobis” translates to “before us,” indicating that the matter is brought before the same court that rendered the original judgement. This extraordinary writ is invoked in exceptional circumstances where other avenues for relief, such as appeals or motions for a new trial, are not available or have been exhausted. The purpose of the writ is to rectify errors of fact or law that would have likely affected the outcome of the case if known at the time of the original judgement. The granting of a Writ of Coram Nobis allows the court to reconsider its previous decision and, if warranted, correct the error to ensure justice is served.

In the labyrinth of legal terminology, the writ of coram nobis stands as a lesser-known but significant legal remedy. Translated from Latin as “before us” or “in our presence,” this writ offers a means for individuals to challenge a judgement based on errors of fact or law that were not known at the time of trial. This essay delves into the intricacies of the writ of coram nobis, exploring its historical roots, procedural aspects, and contemporary relevance in the pursuit of justice.

Historical Roots:

The writ of coram nobis has ancient origins, dating back to English common law. It evolved as a means for courts to correct errors of fact or law in judgements that had become final and unappealable. The writ was viewed as a safeguard against miscarriages of justice and a mechanism for ensuring the integrity of legal proceedings.

In the United States, the writ of coram nobis was inherited from English common law and incorporated into the legal system. It has been recognized by both federal and state courts as a remedy of last resort for addressing fundamental errors that undermine the fairness and validity of a judgement.

Procedural Aspects:

The writ of coram nobis is a post-conviction remedy available to individuals who have exhausted their direct appeals and other legal avenues for relief. It is typically sought in the same court that rendered the original judgement, although the precise procedural requirements may vary depending on jurisdiction.

Key procedural aspects of the writ of coram nobis include:

1. Grounds for Relief: The petitioner must demonstrate that there exists a fundamental error of fact or law that was not known to the court at the time of trial and that, if known, would have likely resulted in a different outcome. Common grounds for relief may include newly discovered evidence, constitutional violations, or errors in the application of the law.
2. Petition: The petitioner files a petition for writ of coram nobis with the court, setting forth the grounds for relief and supporting evidence. The petition must be accompanied by a detailed legal argument and any relevant documentation or affidavits that support the petitioner’s claims.
3. Response: The court may order the respondent, typically the prosecution or government, to file a response to the petition. The respondent has an opportunity to contest the petitioner’s claims and present arguments in opposition to the granting of the writ.
4. Evidentiary Hearing: In some cases, the court may conduct an evidentiary hearing to evaluate the petitioner’s claims and assess the credibility of the evidence presented. During the hearing, witnesses may be called, and evidence may be presented to substantiate the petitioner’s allegations.
5. Decision: After considering the evidence and arguments presented, the court issues a decision on the petition for writ of coram nobis. If the court grants the writ, it may vacate the original judgement, set aside the conviction, or order a new trial. If the court denies the writ, the petitioner may pursue other legal remedies or appeals.

Contemporary Relevance:

While the writ of coram nobis is infrequently sought compared to other post-conviction remedies such as habeas corpus or motions for a new trial, it remains relevant in certain circumstances where other avenues for relief have been exhausted. Its significance lies in its ability to provide a remedy for individuals who have been convicted based on errors that were not known or could not have been raised at the time of trial.

The writ of coram nobis is particularly relevant in cases involving:

1. Newly Discovered Evidence: Individuals who uncover new evidence that undermines the validity of their conviction may seek relief through the writ of coram nobis. This may include DNA evidence, eyewitness recantations, or other evidence that was not available at the time of the trial.
2. Constitutional Violations: Defendants who can demonstrate that their conviction was obtained in violation of their constitutional rights, such as ineffective assistance of counsel, prosecutorial misconduct, or suppression of exculpatory evidence, may seek relief through the writ of coram nobis.
3. Errors in Law: Individuals who can show that the court committed a fundamental error of law that affected the outcome of their case may seek relief through the writ of coram nobis. This may include errors in jury instructions, improper admission of evidence, or misapplication of the law.

Conclusion:

In conclusion, the writ of coram nobis serves as a vital post-conviction remedy for individuals seeking relief from judgements based on errors of fact or law. Its historical roots trace back to English common law, and it has been recognised as a means for correcting miscarriages of justice in the United States legal system. While infrequently sought compared to other remedies, the writ of coram nobis remains a critical avenue for individuals who have exhausted other legal options and seek to rectify fundamental errors that undermine the fairness and integrity of their convictions. As a legal remedy of last resort, the writ of coram nobis embodies the enduring pursuit of justice and the principle that no one should be deprived of their liberty based on a flawed or unjust judgement.

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: 9th April 2024.