How this document has been cited
Likewise where the writ of habeas corpus affords a proper and complete remedy the writ of coram nobis will not be granted.
- in Mikulovsky v. State, 1972 and 5 similar citations
We conclude that the suggested remedy in the nature of coram nobis would not have been adequate, and was not available to plaintiff, and in any event, that habeas corpus was the appropriate procedure.
- in State v. Huffman, 1956 and one similar citation
In such jurisdictions orders granting or denying relief are treated as appealable, but such orders, if appealable, will be reversed only for abuse of discretion.
"A writ of error coram nobis is a common-law remedy afforded on application to the trial court for the commission of error of fact not appearing on the record. It is not an appellate writ since it goes to the court that tried the case."
The writ of error coram nobis is a common law remedy and was an established part of Wisconsin criminal procedure before it was recognized in the statutes.
See also David Fellman, "Right to Counsel under State Law" 1955 Wis. Law Review 281, 309 (March, 1955).
- in The Impact of Gideon: A Study of the State and Local Judicial Process
If counsel who was furnished at the time of arraignment performed so inadequately that Randolph was denied his right to counsel, the remedy is habeas corpus, not coram nobis
The rule is now generally recognized that coram nobis is not available when there is any other remedy.
Cited by
VOFC ACT -
290 NW 2d 685 - Wis: Supreme Court 1980
286 NW 2d 836 - Wis: Supreme Court 1980
AN Bishop - Marq. L. Rev., 1974
196 NW 2d 748 - Wis: Supreme Court 1972
AB Bartell - Wis. L. Rev., 1970
32 Wis. 2d 1 - Wis: Supreme Court 1966
TE Fairchild - Wis. L. REv., 1965
[CITATION] The Impact of Gideon: A Study of the State and Local Judicial Process
NA Milner - 1965
7 Wis. 2d 348 - Wis: Supreme Court 1959