A Writ of Coram Nobis is a legal recourse that empowers a court to rectify its own mistake made during a criminal case. It is a remedy that is used after a conviction has been made to challenge the soundness of a judgment based on factual or legal errors that were not discovered by the court at the time of the original verdict. The phrase “coram nobis” comes from Latin, meaning “before us,” indicating that the court is being requested to reconsider the case.
The Writ of Coram Nobis is a legal remedy that can be used when new evidence emerges after a conviction that could not have been presented during the original trial. This new evidence must be material and likely to have changed the outcome of the trial.
It is important to note that the Writ of Coram Nobis is not a general appeal and cannot be used to challenge the sufficiency of the evidence presented at trial. Instead, it is used to focus on errors of fact or law that were not known to the court at the time of the original judgment.
The Writ of Coram Nobis is a form of post-conviction relief and can be filed after the trial and initial appeals have been exhausted. However, it is not available in all jurisdictions, and some jurisdictions may have specific procedures and requirements for filing such a writ.
Grounds for seeking the writ may include newly discovered evidence, constitutional violations, or fundamental errors that affected the fairness of the trial. However, the procedure for filing a Writ of Coram Nobis can be complex, and it is advisable to seek the assistance of legal counsel. The petitioner generally needs to demonstrate due diligence in discovering the new evidence and filing the writ within a reasonable time after its discovery.
