Second Circuit· 1/23/1992

Harry Nicks v. United States

Citations

955 F.2d 161
1992 U.S. App. LEXIS 1353
1992 WL 12637

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “[t]he failure to hold a competency hearing when constitutionally required is an error”
stating that a writ of error coram nobis should be granted \only where extraordinary circumstances are present\
noting that ‘‘[i]n determin- ing whether to hold a competency hearing, the applica- ble standard does not contemplate that a judge be omniscient, but simply that a trial court rule on the objective facts of which it has knowledge’’
requiring a coram nobis petitioner to show that he or she continues to “suffer legal consequences from [a] conviction that may be remedied by granting of the writ” (emphasis added)
“[t]here exists an affirmative obligation on the part of the trial court to order a competency hearing when warranted by the evidence.”
remand to determine whether delay excused where petitioner alleged he was incompetent, indigent and imprisoned throughout 15-year period

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Walker, McLaughlin

Read full opinion on CourtListener

Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.