Opinion

Cline v. Mirandy

  • 234 W. Va. 427
  • 765 S.E.2d 583
  • 2014 W. Va. LEXIS 1170
Court
West Virginia Supreme Court
Filed
Nov 3, 2014
Status
Published
Author
Ketchum
On the bench
Ketchum, Workman
Cited by
22 cases

“There may be occasions after a prisoner’s release when newly discovered facts, 26 such as DNA, demonstrate the released prisoner’s innocence. Under these circumstances, the released prisoner would still have a remedy under the writ of coram nobis.”

How later courts described this case

  • “There may be occasions after a prisoner’s release when newly discovered facts, 26 such as DNA, demonstrate the released prisoner’s innocence. Under these circumstances, the released prisoner would still have a remedy under the writ of coram nobis.”
  • “There may be occasions after a prisoner’s release when newly discovered facts, such as DNA, demonstrate the released prisoner’s innocence. Under these circumstances, the released prisoner would still have a remedy under the writ of coram nobis ”
  • “Petitioner filed the current petition for writ of habeas corpus in 2006. The circuit court appointed counsel and directed that he file an amended petition if required.”
  • “[A]n inmate who has been released from incarceration and placed on parole is no longer ‘incarcerated under sentence of imprisonment’ for purposes of seeking habeas corpus relief[.]”

Written by the judges who cited it.

The opinion

Justice KETCHUM,

concurring:

There may be occasions after a prisoner’s ’ release when newly discovered facts, such as DNA, demonstrate' the released prisoner’s innocence. Under these circumstances, the released prisoner would still have a remedy under the writ of coram nobis.

Generally, a released prisoner may have his judgment of conviction reviewed by means of coram nobis when:

1. There were errors of fact relied upon in obtaining the conviction;

2. The facts were not apparent on the record and they affect the validity and regularity of the underlying proceeding;

3. The facts were unknown to the defendant or his/her lawyer at the time of the underlying proceedings, without fault on their part; and

4.The newly discovered facts, if known, would have prevented the judgment of conviction.

See, Franklin D. Cleckley, West Virginia Criminal Procedure, § 11-508 (1994).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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