Limits
Writs of coram nobis cannot be used to address issues of law previously ruled upon by the court but only to address errors of fact that were not known by the defendant at time of trial or plea bargain, and were knowingly withheld during and after trial or plea agreement from judges and defendants by prosecutors; and which might have altered the verdict were they presented at the trial; or in the case of a plea agreement, where the defendant would not have agreed to the plea had he been made aware of the unknown fact.
An example would be a circumstance such as a defendant agrees to a plea agreement but the fact that the resulting conviction will have a direct consequence, such as lifetime registration as a sex offender, has been withheld from the defendant. Obviously, the prosecutor is aware of such a thing, and defendant's attorney should certainly also be aware. Where this fact is withheld from the defendant, he is now prejudiced in that had he known the fact of lifetime registration he would not have pleaded guilty. The writ of coram nobis can be used to overturn such a plea agreement. If the defendant is still in custody however, he would petition for relief under habeas corpus.
Read more about this topic: Coram Nobis
Famous quotes containing the word limits:
“An art whose limits depend on a moving image, mass audience, and industrial production is bound to differ from an art whose limits depend on language, a limited audience, and individual creation. In short, the filmed novel, in spite of certain resemblances, will inevitably become a different artistic entity from the novel on which it is based.”
—George Bluestone, U.S. educator, critic. “The Limits of the Novel and the Limits of the Film,” Novels Into Film, Johns Hopkins Press (1957)
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““... Ain’t it a caution to us not to fix
No limits to what rose in rubbing sticks
On fire to scare away the pterodix
When man first lived in caves along the creeks?”
“Marvelous world in nineteen-twenty-six.””
—Robert Frost (1874–1963)