Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

Unless it clearly appears that an error of fact existed before judgment and but for such error the judgment would not have been entered, the writ of coram nobis should not be granted.
- in Houston v. State, 1959 and one similar citation
Even if perjury were proven, this court has stated that the writ of coram nobis does not reach the question of perjury by a witness on a trial because the direct or implied finding by the jury or the court that the testimony of such witness was true is conclusive upon the hearing of the petition for the writ.
- in Houston v. State, 1959 and one similar citation
—the defendant had pled guilty to a charge of incest, and the victim had testified that the defendant had sexually assaulted her several times.
- in State v. Hadaway, 2018 and one similar citation
Were it otherwise, since no statutes of limitations, except perhaps such as equity may invoke, lie against the writ, no judgment would be safe against belated attacks thereon on the alleged ground of perjury.
- in State v. Hadaway, 2018 and one similar citation
"(Emphasis added.) The court then stated," a claim of perjury is not a basis upon which to grant the writ of coram nobis. See
- in State v. Hadaway, 2018 and one similar citation
Consequently, the writ does not lie to correct errors of law and of fact appearing on the record since such errors are traditionally corrected by appeals and writs of error.
- in State v. Kanieski, 1966 and one similar citation
—the State used "conclusive" in arguing that "the presence of Mr. Ellis's DNA is not conclusive proof that Mr. Ott did not kill [Payne] and is not conclusive proof that Mr. Hadaway did not attempt to rob her."
- in State v. Hadaway, 2018 and one similar citation
"It has been held that the decision of the trial court in refusing a writ is not reviewable.(Cases cited). But such a rule does not obtain in our state. We review discretionary orders and revise them if there has been an abuse of judicial discretion."
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.

Cited by

918 NW 2d 85 - Wis: Court of Appeals 2018
Wis: Court of Appeals, 1st Dist. 2018
30 Wis. 2d 573 - Wis: Supreme Court 1966
7 Wis. 2d 348 - Wis: Supreme Court 1959
10 Pa. D. & C. 2d 550 - Pa: Court of Common Pleas 1956
290 NW 2d 685 - Wis: Supreme Court 1980
AN Bishop - Marq. L. Rev., 1974