Why may not it be said, with the strictest propriety, when a writ of error
is brought from an inferior to a superior court of law in this State, that the latter has jurisdiction of the fact as well as the law?
amp;nbsp; Sentencing Error Coram Nobis Where a defendant challenged his sentence by filing a petition for a writ of error
coram nobis since he was no longer in custody, the court finds that such a petition is subject to the restrictions on second or successive habeas corpus petitions, and dismissal of the petition is affirmed because the District Court properly found that there was no fundamental error, and the defendant failed to meet his burden to show that he was entitled to the extraordinary relief.
2d 239, 242 (1944), reasoning that mandamus will lie to require the Court of Civil Appeals to certify a decisional conflict when "an incorrect decision has been made and the case cannot reach this [c]ourt by writ of error
193, 202- 03 (1830) (describing the statutory writ of habeas corpus as "in the nature of a writ of error
, to examine the legality of the commitment" and "to liberate an individual from unlawful imprisonment").
21) Because the Judiciary Act of 1789 required that a statement of facts accompany the transcript in chancery cases, (22) the Court held that it must dismiss a writ of error
unless a statement of facts appeared on the record.
11) Chief Justice Marshall's issuance of a writ of error
pursuant to section 25 provoked a massive jurisdictional battle--one of the most significant controversies to face the Court under Chief Justice Marshall.
The writ of error
coram nobis is a tool used when new facts or developments have arisen and the petitioner seeks in essence a "belated extension" of an earlier trial.
In 2010 the Appellate Division, First Department granted D'Alessandro's application for a writ of error
15) This system proved inefficient, and the powers to review inferior courts evolved into a new system of writs, including the writ of error
Le writ of error
, qui est l'ancetre du bref de certiorari accorde notamment en cas d'error of law on the face of the record, tiendra longtemps lieu d'appel, mais sous une forme archa'ique et extremement formaliste qui sera universellement decriee par la suite (29).
Aaron (7) in the twentieth; and (3) section 25 of the foundational Judiciary Act of 1789, (8) which established the Court's review of state courts' decisions by the mechanism of a writ of error
mandamus but not by way of appeal or writ of error