The new law also states that the application for probation based on the modified decision shall be filed in the trial court where the judgment of conviction
imposing a non-probationable penalty was rendered, or in the trial court where such case has since been re-raffled.
10, (McKinney 2005) ("In 1943 the Court of Appeals resurrected the ancient writ of coram nobis by which a person convicted of an offense could petition the trial court to exercise its inherent power to set aside the judgment of conviction
on the basis of facts not disclosed prior to judgment due to duress, fraud or excusable mistake; which, had they been disclosed to the court, would have prevented entry of the judgment.
a) Should <begin strikethrough>a<end strikethrough> an order, judgment of conviction
, decision or action <begin strikethrough>or an order of a governmental authority<end strikethrough> on which the suspension or termination of membership was based under section 7.
25) After an additional period of good behavior, (26) the court could issue an order "vacating" the judgment of conviction
The limitation period shall run from the latest of--(1) the date on which the judgment of conviction
Even were [defendant's] Vienna Convention claim properly raised and proven, it is extremely doubtful that the violation should result in the overturning of a final judgment of conviction
without some showing that the violation had an effect on the trial," Breard, supra note 33, at 377 (citation omitted).
Castro appealed the judgment of conviction
, contending that the trial court erred in refusing to conduct a full hearing to determine whether the jury had reached a compromise verdict and in denying his motion for a new trial based on juror misconduct.
COURT'S OPINION: The Supreme Judicial Court of Massachusetts affirmed the judgment of conviction
The petition also said Desierto could not conduct any criminal investigation into Estrada while the impeachment trial against him has not been terminated and no judgment of conviction
has been rendered as required by the Constitution.
Accordingly, we reverse the judgment of conviction
and the order granting the motion for reconsideration and remand the matter to the circuit court so that Johnson may withdraw his no-contest plea to attempted second-degree intentional homicide.
In order to be compensated, that statute states that the plaintiff must have served at least part of the sentence for one or more crimes, their judgment of conviction
was reversed or vacated and the charges were dismissed, and new evidence shows the plaintiff to have not been the perpetrator of the crime.
However, the prosecution expressed fears that if Arroyo is allowed to leave the country it would give him the opportunity to evade the imminent judgment of conviction