Writ of Coram Nobis:
How to Challenge a Court’s Final Judgment in 2024

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What is a Writ of Coram Nobis Used For?

Much like a Motion to Vacate Judgement, a Writ of Coram Nobis is a challenge to a court's final judgment. The writ requests that the court throw out a conviction in light of new evidence that has become known to the court. The request for review in a Coram Nobis is directed to the court where the defendant was convicted, not an appellate court.

Why is it Called a Writ?

In its classical form, a writ was simply a written order made by the English monarch to a specified person to undertake a certain action.

The etymology of the word "writ" comes from Old English, as a general term denoting written matter, which is itself derived from the Old Germanic base of "write" (gewrit).

What is the Error of Coram Nobis?

An Error of Coram Nobis is filed in a U.S. District Court when there is an error not presented on the record in a trial court which may have resulted in a different outcome at trial. The statutory authority for the writ is in the All-Writs Act in the Judicial Code or 28 U. S. C. § 1651. The Latin translation of the Error of Coram Nobis is “the errors before us.”

Related Article: What Is Legal Standing?

How Do I Bring a Writ of Coram Nobis?

A Writ of Coram Nobis is only available in certain states and in federal court. In California, for example, the law says a defendant can file a Writ of Coram Nobis when:

• There is some new fact in a case (post-conviction) that was not present during the trial,
• The new fact would have prevented the court’s final judgment,
• The defendant’s negligence was not the reason for the omission of the fact during the trial,
• The newly discovered fact does not reach the merits of the legal issues tried, and
• The fact is one that could not have been discovered before or during the trial.

Related Article: Burden of Proof Definition

What Does Quo Warranto Mean?

Quo warranto is a Latin term that means "by what warrant” (or authority). A writ of quo warranto is invoked to challenge an individual's right to hold a public or corporate office. A state may also use a quo warranto action to revoke a corporation's charter.

FAQs

What are common grounds for filing a Writ of Coram Nobis?

Common grounds include newly discovered evidence that could not have been found at the time of trial with due diligence, ineffective assistance of counsel, prosecutorial misconduct, and violations of constitutional rights that were not known during the trial.

How does a Writ of Coram Nobis differ from other post-conviction remedies?

Unlike other post-conviction remedies, a Writ of Coram Nobis is available only after the person has served their sentence and cannot seek relief through other means such as appeals or habeas corpus petitions.

Is there a time limit for filing a Writ of Coram Nobis?

While there is no strict time limit, it must be filed within a reasonable time after the error is discovered. Courts typically consider factors such as the length of time since the conviction and the reasons for the delay.

What are the chances of success with a Writ of Coram Nobis?

The chances of success vary based on the specifics of the case, including the strength of the new evidence or arguments presented. It is considered an extraordinary remedy and is not granted frequently.

Related Articles:

• Can Charges Be Dropped Before the Court?
• How to Convince a Prosecutor to Drop Charges?
• Bench Warrant Explained

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