(Download) "Criminal Procedure (Writ of Error Coram Nobis)" by Suffolk University Law Review ~ Book PDF Kindle ePub Free
eBook details
- Title: Criminal Procedure (Writ of Error Coram Nobis)
- Author : Suffolk University Law Review
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 247 KB
Description
In-Custody Requirement of Relief Under the Writ of Error Coram Nobis--Trenkler v. United States, 536 F.3d 85 (1st Cir. 2008) Under the All Writs Act of the United States Code, federal courts have the power to entertain an array of common-law writs. (1) In certain narrow circumstances, the rare writ of error coram nobis is a remedial petition primarily available to criminal defendants who want to challenge their convictions. (2) When pursuing this remedy, the petitioner must meet the writ's strict requirements for the original court to grant a hearing. (3) In Trenkler v. United States, (4) the United States Court of Appeals for the First Circuit considered whether the United States District Court for the District of Massachusetts properly granted the petitioner's writ of coram nobis. (5) Judge Selya, writing for a unanimous court, reversed the grant citing that the petitioner failed to meet the writ's strict requirements. (6)