Sherman Minton

“ The writ issued at common law to correct errors of fact unknown to the court at the time of the judgment, without fault of the defendant, which, if known, would probably have prevented the judgment. [5] The probability of a different result if the facts had been know is a prime requisite to the success of the writ. The sentencing court here must have known that respondent did not have an attorney and was not advised of his right to counsel, if such are the facts. ”

“ The respondent doesn't say, nor does he suggest how a lawyer might have helped him unless he picked the lock on the jail house door. [6]
Proceedings to obtain the writ are generally considered to be civil in nature, [7] just as habeas corpus is a civil proceeding although most often used to obtain relief from criminal judgments. [8] Rule 60 (b) of the Civil Rules expressly abolishes writs of error coram nobis and prescribes that civil proceedings for attacking a final judgment shall be by motion as provided in the Rules or by an independent action. ”

“ That the writ does not issue in aid of the jurisdiction of the District Court appears obvious. Respondent has received a final judgment of conviction, has satisfied the sentence imposed thereunder, and is no longer subject to punishment or control by the court because of the conviction. ”

“ There are a dozen ways in which even a person who has reformed, never offended again, and constantly endeavored to lead an upright life may be prejudiced thereby. The stain on his reputation may at any time threaten his social standing or affect his job opportunities, for example. Is coram nobis also to be available in such cases? The relief being devised here is either wide open to every ex-convict as long as he lives or else it is limited to those who have returned to crime and want the record expunged to lessen a subsequent sentence. ”

“ United States v. Kerschman, 7 Cir., 201 F.2d 682. See also cases collected in 24 C.J.S., Criminal Law § 1606 (a) .↑ Ex parte Tom Tong, 108 U.S. 556, 2 S.Ct. 871, 27 L.Ed. 826.↑ 'Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. ”