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In 1946, Congress amended the Federal Rules of Civil Procedure and specifically abolished the writ of coram nobis in federal civil cases.Prior to enactment of these amendments, Congress reviewed all relief previously provided for civil cases through the writ of coram nobis and adopted those avenues of relief into the rules; therefore, eliminating the need for the writ in federal civil cases. [25]
United States v. Morgan, 346 U.S. 502 (1954), is a landmark decision [1] by the United States Supreme Court which provides the writ of coram nobis as the proper application to request federal post-conviction judicial review for those who have completed the conviction's incarceration in order to challenge the validity of a federal criminal conviction.
Similarly in the older common law context, a citation was a court-issued writ commanding a person to appear at a certain time and place in order to do something demanded in the writ, or to show cause for not doing something demanded.
On the first day of the term, Bradford presented to the court, a writ, purporting to be a writ of error, issued out of the office of the clerk of the circuit court for Rhode Island district, directed to that court, and commanding a return of the judgment and proceedings rendered by them in this cause: And thereupon he moved for a rule, that the ...
The court thought that, where the writ gives all the names of the parties as they are found in the record of the case in the circuit court, and where there is nothing to show that any other person was a party than such as are so named, the court is not at liberty to indulge the presumption that there were others who were parties, when such ...
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
Error, writ of, a commission to judges of the superior court to examine the record upon which a judgment was given in an inferior court. Jenk Rep 25. [14] Estrepement [3] Excommunicato deliberando, a writ to the sheriff for the delivery of an excommunicate person out of prison upon certificate of his conformity to the jurisdiction ...
The Court then specified that "in an extraordinary case, where a constitutional violation has probably resulted in the conviction of one who is actually innocent, a federal habeas court may grant the writ even in the absence of a showing of cause for the procedural default".