Legal Opinion · Dissent

Good v. State

Court of Appeals of Maryland

Decided August 4, 1965No. [No. 465, September Term, 1964.]Published

1Dissent

Horney, J.,

filed the following dissenting opinion.

The majority, despite eminent authority to the contrary,1 which they declined to follow on the theory that a statutory court is not empowered to issue the common law writ of error coram nobis, in my opinion, have indubitably denied the appellant her fundamental right to due process. To me it is incredible that a people’s court established by law pursuant to constitutional authority does not have power to issue a writ of error coram nobis in a proper case to review its own judgment as to an alleged error of fact in order to determine whether or…

2Cases cited9 opinions

  1. Madison v. StateCourt of Appeals of Maryland · 2001
  2. Matter of Hogan v. N.Y. Supreme CourtNew York Court of Appeals · 1946
  3. Keane v. StateCourt of Appeals of Maryland · 1933
  4. State v. JacobCourt of Appeals of Maryland · 1964
  5. Bernard v. StateCourt of Appeals of Maryland · 1949

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