Opinion · Court of Appeals for the Second Circuit

United States ex rel. Steele v. Jackson

171 F.2d 432

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1948-11-19
Topic
general

PER CURIAM. Ever since Lyons v. Goldstein1 was decided, it has been possible in the courts of New York to obtain the relief here demanded by what is in effect a writ, coram nobis.2 The relator did apply in the state court for such a writ; and one of the grounds was that the warden of the prison connived at the perjury of those witnesses on whose testimony he was convicted, and indeed that the warden had even suborned them. Justice Hinkley denied this application on October 25, 1946, on two grounds: (1) that the question whether “he was deprived of his constitutional rights” was “answered adversely * * * by the records”; and (2) that “the writ of coram nobis is not available to the relator at this time and upon the grounds alleged.” So far as appears, no appeal was ever taken from this order, although a petition for certiorari was filed and denied.3 It may be that Justice Hinkley was mistaken in supposing that the writ wás “not available * * * at this time.” The Court of Appeals in Hogan v. The Court of General Sessions, supra,4 held in effect that it was not available “where the grievance can be redressed by ordinary proceedings at law or in equity or merely to prevent error which may be readily corrected on appeal”, 296 N.Y. pp. 8, 9, 68 N.E.2d 852.

Citator

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