On Point: B. Coram Nobis

State v. Singh, 2021AP1111-CR, 8/18/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

Singh challenges his 2005 conviction for OWI, first offense. He first asks for a writ of coram nobis vacating the conviction. Alternatively, he asks that his conviction be vacated or amended under State v. Forrett, 2022 WI 37, 401 Wis. 2d 678, 974 N.W.2d 422, which held that an OWI penalty cannot be increased because of a prior revocation stemming from a refusal to submit a warrantless blood draw.

State v. S.C.M., 2019AP430, 1/25/22, District 3 (1-judge opinion; ineligible for publication); case activity

A petition for writ of coram nobis must show that (1) a court of record contains a factual error that, if known, would have prevented the court from entering judgment, and (2) petitioners has no other remedy at law such as  an appeal. See State ex rel. Patel v. State, 2012 WI App 117, ¶13, 344 Wis. 2d 405, 824 N.W.2d 862. These writs are rare. Defendants sometimes seeks them when they are out of custody and cannot bring a §974.06 motion. In this case, “Seth” petitioned one 10 years after the circuit court adjudicated him delinquent and sent him to Lincoln Hills.

State v. Sammy Joseph Hadaway, 2018 WI App 59; case activity (including briefs)

Hadaway pleaded guilty to an armed robbery more than 20 years ago. Based, in part, on Hadaway’s testimony, his purported accomplice, Ott, was tried and convicted of first-degree intentional homicide–the victim of the crime was sexually assaulted and murdered.

State v. Aman D. Singh, 2015AP850-CR, District 4, 1/7/16 (one-judge decision; ineligible for publication); case activity

Singh, appealing pro se, seeks to reverse a twelve-year-old OWI-second conviction for which his sentence is long over. 

Sawyer County v. Maurice J. Corbin, 2013AP650; 1/22/14; District 3 (one-judge opinion ineligible for publication); case activity

 This is an odd little case with some interesting potential. In 2004, Corbine was arrested for OWI and refused to submit to a chemical blood test under implied consent law. Supposedly Corbine received a “notice of intent to revoke operating privilege” but failed to request a refusal hearing, so the court entered default judgment revoking his license.

Chintan V. Patel v. State of Wisconsin, 2012 WI App 117 (recommended for publication); case activity

¶12      In this appeal, we are asked to determine whether the trial court erred in denying Patel’s writ of coram nobis.  The writ of coram nobis is a discretionary writ of “very limited scope” that is “addressed to the trial court.”  Jessen v. State,

State v. Andrew M. Obriecht, 2010AP1469, District 4, 10/28/10

court of appeals decision (1-judge, not for publication); pro se

Following earlier unsuccessful challenges to his plea-based conviction via direct appeal and habeas, Obriecht utilizes coram nobis as an attack mechanism. He argues that his plea wasn’t knowing, and that requiring a plea as a precondition to participation in the First Offender Program violated due process. The court rejects the arguments because they don’t relate to factual error unknown at the time,