Supreme Court addresses Coram Nobis & All Writs Act (Post Conviction Relief)
Posted on Jul 29, 2010 7:45pm PDT
"The writ of
coram nobis
is an ancient common-law remedy designed "to correct errors of fact."
United States
v.
Morgan
, 346 U. S. 502, 507 (1954). In American jurisprudence the precise contours of
coram nobis
have not been "well defined,"
Bronson
v.
Schulten
, 104 U. S. 410, 416 (1882), but the writ traces its origins to the King’s Bench and the Court of Common Pleas.
United States
v.
Plumer
, 27 F. Cas. 561, 573 (No. 16,056) (CC Mass. 1859) (opinion for the court by Clifford, Circuit Justice)[.]"
"In federal courts the authority to grant a writ of
coram nobis
is conferred by the All Writs Act, which permits"courts established by Act of Congress" to issue "all writs necessary or appropriate in aid of their respective jurisdictions." 28 U. S. C. §1651(a)."