Coram Nobis

A writ of coram nobis, also referred to as a “writ of error coram nobis,” is a request to a court to vacate a conviction because new facts have become available. Coram nobis is not an appeal, as the request for review is directed to the court that made the original determination, not an appellate court. It is similar in scope to a motion to set aside a judgment. In California, a writ of coram nobis is only available if the defendant can establish the following three elements:

1. that some fact existed which, without his fault or negligence, was not represented to the court at the trial and which would have prevented the rendition of the judgment;
2. that the new evidence does not go to the merits of the issues of fact determined at trial; and
3. that he did not know nor could he have, with due diligence, discovered the facts upon which he relies any sooner than the point at which he petitions for the writ (People v. Ibanez (1999) 76 Cal.App.4th 537, 544-546).

In Latin, cram nobis means “before us” or “in our presence.”