7/21/2019 A Writ of Coram Nobis

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A writ of coram nobis is an order by an appeals court to a lower court to consider facts not on the

trial record which might have changed the outcome of the lower court case if known at the time

of trial. Coram nobis is a Latin term meaning the "error before us."

In deciding whether to grant the writ, courts have used a three-part test a petitioner must

!. eplain her failure to seek relief from #udgment earlier,

$. demonstrate continuing collateral conse%uences from the conviction, and

&. prove that the error is fundamental to the validity of the #udgment.

An eample of when it might be used includes prosecutorial misconduct hiding eculpatoryevidence from the defendant. A writ of coram nobis is issued once the petitioner is no longer in

custody. Its legal effect is to vacate the underlying conviction. A petition for a writ of error coram

nobis is brought to the court that convicted and sentenced the defendant.

Coram nobis is limited to cases in which a "fundamental error" or "manifest in#ustice" has been

committed. A high burden of proof is re%uired. It cannot be used to reopen and reargue points oflaw the courts have decided, but only to raise errors of fact that were knowingly withheld by the

prosecutor from #udges and defendants. A writ of error coram nobis is an etraordinarily rare

remedy, known more for its denial than its approval. It is distinguished from a writ of errorcoram vobis which brings before the court certain mistakes of fact not put in issue or passed

upon,such as the death of a party, coverture, infancy, error in process, or mistake of the clerk.

Although the 'ederal (ules of Civil )rocedure epressly abolished the use of coram nobis incivil cases in the *nited +tates, see 'ed. (. Crim. ). b/, the issue of the writ0s availability to

correct fundamental errors in criminal cases remained uncertain for many years. In *nited +tatesv. 1organ, the +upreme Court resolved this %uestion, holding that coram nobis was still availablein federal court for criminal cases. +ee &2 *.+. 3$, 3!$ !432/.

*nited +tates v. 1organ &2 *.+. 3$, 3!$ !432/ Although the 'ederal (ules of Civil )rocedureepressly abolished the use of coram nobis in civil cases in the *nited +tates, the +upreme Court

resolved this %uestion, holding that coram nobis was still available in federal court for criminal

cases 'ed. (. Crim. ). b/,