Error Coram Nobis

If a direct appeal is lost in a New York court you do not generally get a second chance to re-file that appeal. However, there is an exception to this rule. After the Appellate Division has made a decision adverse to the defendant on his initially filed appeal, the defendant can file with the Appellate Division what is referred to as a petition for a writ of error Coram Nobis. In this petition the defendant must give a reason why he should be allowed to file a new brief. The reason usually given in such petitions is that the initial appellate attorney was ineffective for failing to include a strong and meritorious argument in the brief that he submitted to the appellate court. If the petition is granted, then the defendant can proceed all over again with the filing of a new direct appeal.

It is very difficult to convince an appellate court to hear the same appeal twice. Because of this, error coram nobis petitions are rarely granted.

In my own experience as a New York Criminal Appeals lawyer, I have actually filed and won two Error Coram Nobis Petitions on murder cases in New York. Click on the link to read a summary of the cases of People v. Martin and People v. Ott. Of course the outcome of a prior case cannot predict the outcome of any future case. I offer the information simply as evidence that, however rarely, Coram Nobis petitions are granted from time to time.

In other words, there is hope.

overview

New York criminal appeals lawyer Tom Theophilos discusses the circumstances under which a petition for a writ of error Coram Nobis may be utilized by one convicted of a crime in New York State.

A writ of error Coram Nobis is a rarely won motion that permits a defendant to redo his initial direct appeal on the grounds that he received ineffective assistance of counsel on his first appeal.

Tom Theophilos has the knowledge and experience necessary to prepare such a petition in your case.