· 7/14/2016
State of Maine v. Derek S. Poulin
Citations
- 2016 ME 110
- 144 A.3d 574
- 2016 Me. LEXIS 118
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[c]oram nobis relief is not available to a federal prisoner while in custody[]”
- concluding “district court did not abuse its discretion in concluding that no ‘fundamental’ error warranted issuing an extraordinary writ of error coram nobis”
- applying the substantive standard set forth in 28 U.S.C. § 2255(h) when reviewing the merits of a coram nobis petition filed by a petitioner whose § 2255 motion was denied while the petitioner was in custody
- “Coram nobis relief has been called the criminal-law equivalent of the Hail Mary pass in American football.”
- “[Movant] has no new evidence relating to the elements of the offense that would support a claim of actual innocence, only allegedly new information that no doubt would have expanded defense counsel’s cross examination and attempted impeachment.”
- “[C]oram nobis relief is available when the defendant is no longer in custody for the applicable conviction, while custody is a prerequisite for habeas relief.” (quoting United States v. Camacho-Bordes, 94 F.3d 1168, 1172 n.6 (8th Cir. 1996))
Source: CourtListener parenthetical corpus (CC0).
Judges: Saufley, Alexander, Mead, Gorman, Jabar, Hjelm, Humphrey
Read full opinion on CourtListenerSourced 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.