Coram nobis

Coram nobis is a writ of error directed to the court that rendered the original judgment, asking it to reconsider its own decision because of a fundamental error of fact or law that was not apparent at trial and could not have been raised on appeal. The writ originated in medieval English common law, where it was used to correct errors such as a defendant's insanity, a clerical mistake, or the death of a party before judgment. In England, it was largely abolished in the 19th century, but it was inherited by American law and remains available in many jurisdictions.

In the United States, coram nobis is most often invoked in criminal cases to challenge a conviction when a defendant has completed their sentence and can no longer seek direct appeal or habeas corpus. The U.S. Supreme Court recognized its availability in United States v. Morgan (1954), holding that federal courts may issue the writ under the All Writs Act when no other remedy exists. State courts vary in their acceptance; some have abolished it, while others, like California, have codified it. The writ is typically limited to errors that are fundamental, extrinsic to the record, and not attributable to the petitioner's own fault.

To obtain coram nobis relief, a petitioner must show that the error is of a fundamental nature, that the judgment is still in force, that no other remedy is available, and that the petitioner acted with due diligence. Federal courts often require that the petitioner be in custody or that the conviction has collateral consequences, such as deportation or loss of civil rights. The writ is not a substitute for appeal or habeas corpus; it is reserved for extraordinary circumstances. Time limits vary, but many jurisdictions require filing within a reasonable time, often analogized to the six-month limit of Federal Rule of Civil Procedure 60(b)(6).

Coram nobis has been used in notable historical cases, including the posthumous pardon of Lt. Henry Ossawa Tanner, a famous African-American painter, whose 1918 conviction for mail fraud was vacated in 1992. The writ also applies in civil cases, though rarely, and has been used to challenge judgments obtained by fraud or where a party was not properly represented. In some jurisdictions, the writ is available to challenge a conviction based on newly discovered evidence, even after the defendant has served their sentence. The writ's name is often confused with coram vobis, a similar writ issued by a higher court, but the two are distinct in origin and application.

Writ

A formal legal order issued by a court.

Habeas corpus

A writ used to challenge unlawful detention.

All Writs Act

A federal statute granting courts authority to issue necessary writs.