Criminal Procedure – Coram nobis

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – Coram nobis

The writ of coram nobis cannot be used to correct legal errors.

“Patel urges us to view the scope of the writ of coram nobis more expansively. He cites Ernst, supra; United States v. Morgan, 346 U.S. 502 (1954); and Skok v. State, 760 A.2d 647 (Md. 2000), for the proposition that the writ may in fact apply to legal errors of fundamental and constitutional dimension, particularly when there are ‘serious collateral consequences.’ See Skok, 760 A.2d at 660-61 (‘[A] convicted person who is not incarcerated and not on parole or probation, who is suddenly faced with a significant collateral consequence of his or her conviction, and who can legitimately challenge the conviction on constitutional or fundamental grounds … should be able to file a motion for coram nobis relief regardless of whether the alleged infirmity in the conviction is considered an error of fact or an error of law.’).”

“While Patel correctly points out that several states have adopted this broadened view, see, e.g., id. at 658-59 (collecting cases following the broadened scope of the writ of coram nobis), the standard articulated by Jessen and Heimermann leads us to conclude that Wisconsin has not done so.”

Affirmed.

Recommended for publication in the official reports.

2011AP2861 Patel v. State

Dist. I, Milwaukee County, DiMotto, Watts, JJ., Curley, J.

Attorneys: For Appellant: Walrath, James A., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Wellman, Sally L., Madison