Of the many obscure legal terms often derived from Latin, coram nobis is not often discussed. Derived from the Latin meaning “the errors before us,” a writ of coram nobis is a common law method of reversing or revising court decisions after a sentence has been entered. While this is not a common practice in modern American courts. However, this does not mean it is without its uses. Coram nobis could be a means of rectifying an unlawful sentencing when new details come to light that were not addressed in court, though the requirements for a writ of coram nobis can be stringent.
Understanding how the common law practice of coram nobis can affect a New York criminal case could illuminate various options and strategies to pursue. When new evidence comes to light, the courts may be able to revise or amend their decision to reflect facts that were not previously available. This can provide opportunities for individuals who have already entered their sentence to seek justice in the courts. However, deciding between statutory and common law remedies can be challenging without legal experience and training.
A skilled New York criminal defense attorney from the Law Office Of Benjamin Greenwald may be able to evaluate a case and provide legal insight. Schedule a consultation today by calling (845) 567-4820 for details.
What is a Writ of Coram Nobis?
Coram nobis is a common law tradition, which can be more difficult to understand than statutory law. Common law is derived from case precedent and court decisions, not specifically codified laws and regulations. These are traditional practices that are accepted in the court due to historic decisions and records of the court process. Coram nobis, according to the Legal Information Institute, is a writ of errors provided to correct flawed judgments of the court due to newly discovered facts. Essentially, it is a legal tradition that allows the courts to react to new information and retroactively amend sentences or other court decisions, which is often used in criminal law.
However, despite new information allowing for an individual to pursue a writ of coram nobis, the writ is still designed to correct errors of law, not errors of fact. This means that coram nobis is often used more frequently in the appellate courts, rather than trial courts. Coram nobis is used to adjust the final decisions made by the courts to best reflect proper justice. For example, if new information reveals that a sentence given to a convicted criminal was unlawful, a writ of coram nobis could rectify this error.
Why Use Coram Nobis?
Coram nobis is not a popular legal strategy, but it can be incredibly effective in certain situations. An individual can petition for coram nobis after sentencing or while on probation, and it often functions similarly to habeas corpus. This writ can be useful for adjusting or reducing sentences if new information that was not previously available presents itself. There are certain requirements for using coram nobis to reverse or remand a sentencing, which can make using this approach challenging for those without legal experience. Generally, many individuals choose to pursue statutory remedies for criminal law issues such as these, but coram nobis may prove useful if these statutory remedies fail.
Speak to a skilled New York criminal defense lawyer from The Law Office Of Benjamin Greenwald today to learn more about the effective uses of coram nobis in criminal appeals.
Requirements for Coram Nobis
One of the primary reasons that individuals do not pursue coram nobis often is the number of requirements for petitioning coram nobis. Legally speaking, a writ of coram nobis is founded on new facts presenting themselves that would change the outcome of the sentencing. To avoid unscrupulous individuals manipulating this provision, the government has put stringent restrictions on this process. Depending on the jurisdiction of the crime, the petition must be filed with the sentencing court.
Additionally, the individual and their legal counsel must provide sufficient reasoning as to why these facts were not addressed in the original sentencing. There must be a valid and legitimate reason that this critical information, which would change the sentencing, was not addressed in the original trial. They must also prove that the omission of these facts has a detrimental effect on the convicted individual. In general, coram nobis is only effective once statutory remedies have been exhausted and the error that affects the sentencing is a grievous miscarriage of justice.
Coram Nobis Vs. Section 440
While coram nobis can be an effective strategy in one’s legal repertoire, many states have begun codifying common law practices into state law. This often changes how cases in criminal and appellate law are approached, depending on the state in question. In New York, much of the common law practice of coram nobis has been codified into Section 440.10 of the New York state law. This section details the processes for vacating judgment for errors of law or miscarriages of justice.
This statute accounts for errors and miscarriages of justice such as improper jurisdiction for the sentencing, fraud on the part of the prosecutor, falsified evidence from the prosecution, incapacity of the defendant, failure to provide adequate counsel to the defendant, new factual evidence that greatly alters the case, and several other factors. Generally, pursuing statutory remedies for errors of law in New York criminal appeals can be more effective, as they are based on codified law rather than common law practices. However, in some instances in which statutory remedies have been exhausted, coram nobis can be an effective approach.
Speak with a New York Criminal Defense Attorney Today
Criminal defense law can be complex and opaque, particularly when appeals and common law strategies are involved. Reversing miscarriages of justice in sentencing is also a significant case that will have a dramatic impact on the future of the individual. Understanding all of the relevant legal approaches is often key to forming a strong strategy and presenting errors effectively. While coram nobis is not a common strategy, it can be an effective solution when used properly. A skilled New York criminal defense attorney with experience in criminal appeals may be able to evaluate a case and provide insight into the best legal strategy. Consider scheduling an initial consultation with an attorney from The Law Office Of Benjamin Greenwald to learn more about your legal rights and consider potential strategies. Call the office today at (845) 567-4820 to learn more.
