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Encyclopedia > Coram nobis

In law, a motion Coram Nobis (from the Latin "in our presence", usually translated in context as "the error before us") is a petition to the court in its capacity of a Court of Equity to correct a previous error "of the most fundamental character" to "achieve justice" where "no other remedy" is available. A Coram Nobis petition applies to persons who have already been convicted and have served their sentence. It may seek to remove probation requirements or restrictions, eliminate payment or obtain refund of court imposed fines, restore voting rights and gun ownership, improve employment and credit potential, remove a public stigma, and so forth, in order to restore so far as possible the erroneously convicted party to a pre-conviction state. Motions may be filed by heirs at law even after the original person is deceased. Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School of Law The Australian Institute of Comparative... Latin is an Indo-European language originally spoken in the region around Rome called Latium. ... This article is about concept of equity in Anglo-American jurisprudence. ...


Such motions 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 at time of trial, or were knowingly withheld during and after trial from judges and defendants by prosecutors, and which might have altered the verdict were they presented at the trial.


One relatively well known example was in regard to the Supreme Court case Korematsu v. United States (1944), which upheld two convictions pertaining to the World War II Japanese American internment. In 1983, a federal district court judge granted a writ of Coram Nobis, overturning these two convictions. Holding The Japanese American internment was not unconstitutional because the need to protect against espionage outweighed Korematsus rights. ... 1944 (MCMXLIV) was a leap year starting on Saturday (link will take you to calendar). ... World War II was a truly global conflict with many facets: immense human suffering, fierce indoctrination, and the use of new, extremely devastating weapons such as the atom bomb. ... The Japanese American internment refers to the forcible relocation of approximately 112,000 to 120,000 Japanese and Japanese Americans, 62 percent of whom were United States citizens, from the west coast of the United States during World War II to hastily constructed housing facilities called War Relocation Camps in... 1983 (MCMLXXXIII) is a common year starting on Saturday of the Gregorian calendar. ...


Another example of the use of Coram Nobis is in the Alger Hiss case. Alger Hiss Alger Hiss (November 11, 1904 – November 15, 1996) was a U.S. State Department official and Secretary General to the founding charter conference of the United Nations. ...


  Results from FactBites:
 
Coram nobis: Information from Answers.com (581 words)
In civil actions, a petition for a writ of coram nobis was addressed to the court in which the judgment was made, unlike an appeal, which is made to a superior court.
In criminal procedure, coram nobis serves the same purpose as it did in civil actions and is a recognized procedure in federal criminal prosecutions.
In law, a motion Coram Nobis (from the Latin "in our presence", usually translated in context as "the error before us") is a petition to the court in its capacity of a Court of Equity to correct a previous error "of the most fundamental character" to "achieve justice" where "no other remedy" is available.
The Writ of Coram Nobis (6564 words)
The writ of coram nobis, n1 a post-conviction remedy granted by the court that rendered the original judgment of conviction, vacates the conviction or grants a new trial.
Although this Note is concerned with the federal writ of coram nobis, it should be noted that the so-called common-law writ of error coram nobis has, until recently, served as a principal post-conviction remedy in state courts, along with the writ of habeas corpus.
The writ of coram nobis might be issued to correct "[e]rrors of fact in the process of a civil action, or such as happened through the fault of the clerk in the record of the proceedings." See id. at 572-73.
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