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The writ of coram nobis, or "motion in the nature of coram nobis", is an elastic but extraordinary remedy to correct mistakes of fact that occurred at trial. The writ of coram nobis or motion in the nature of coram nobis allows courts to avoid manifest injustice or fraud on the court.
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.
[5] A certificate of appealability is also not required for petitioners seeking a writ of coram nobis; however, the writ of coram nobis is only available for those who are no longer in-custody (or on probation) and the issues raised in the petition could not have been known while the petitioner was in-custody. [6]
[Audita querela] is a writ of a most remedial nature, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where a party has a good defence, but by the ordinary forms of law had no opportunity to make it. but the indulgence now shewn by the courts in granting a summary relief upon motion, in cases of such evident oppression, and driven it quite out ...
Coram nobis is short for quae coram nobis resident (let them, i.e. the matters on the court record, remain before us), and was the form historically used for the Court of King's Bench; the "us" means the King, who was theoretically the head of that court.
Martins "grabbed the hair" of a 13-year-old girl and placed it "in his mouth" in a "flossing motion," according to the criminal complaint, reviewed by Fox News Digital.
The term "Petition" as used in both of these regulations is restricted to those petitions which are directed at the executive or legislative branches of government, and does not include documents filed in a court of law, which are also referred to as "petitions", such as petitions for coram nobis, mandamus, habeas corpus, prohibition, and ...
The U.S. is refusing to co-sponsor a draft U.N. resolution marking three years since Moscow's invasion of Ukraine that backs Kyiv's territorial integrity and again demands Russia withdraw its ...