# Cline v. Mirandy

> West Virginia Supreme Court · November 3, 2014 · 234 W. Va. 427

URL: https://www.frixlaw.com/law-library/cases/8182809

## Case

- **Full name:** Roger E. CLINE, Below v. Patrick A. MIRANDY, Warden, St. Marys Correctional Center, Below
- **Court:** West Virginia Supreme Court
- **Decided:** November 3, 2014
- **Citations:** 234 W. Va. 427; 765 S.E.2d 583; 2014 W. Va. LEXIS 1170
- **Precedential status:** Published
- **Opinion:** Concurrence by Ketchum
- **Judges:** Ketchum, Workman
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8182809

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8182809. Public record. Not legal advice.