The writ of coram nobis is a remedy available in the legal system. It is used to correct certain types of errors that can be found during the duration of a court case. This writ is used when a defendant’s rights have been unfairly denied during the course of the proceedings without their knowledge or consent. It is a remedy for innocent parties who have been convicted without due process from the court.
What Does a Writ of Coram Nobis Do?
The writ of coram nobis is used to vacate, two ways: reverse or modify a court decision, or set aside the judgment of conviction. Through this remedy, individuals can have a judgment vacated if they believe the decision was wrong, or if new evidence has come to light that would have changed the outcome of the case. It applies to situations in which a person is unable to appeal their conviction due to a procedural error, mistake, or new evidence that was unavailable at the time of the trial.
Modern Examples
Writs of coram nobis are still available today. The most recent example of the writ at work is in the case of Bryan Banks. Banks was wrongfully convicted of rape in 2002, but he was granted a writ of coram nobis by the California Supreme Court in 2017 based on newly discovered evidence that his accuser had recanted her testimony.
Conclusion
Writs of coram nobis are an important legal remedy for individuals who have been unfairly denied rights in court proceedings. This remedy can be used to modify or vacate a court decision, and modern examples prove that it is still a viable remedy in today’s legal system.