State of West Virginia v. Orville M. Hutton

Davis, Justice:

Petitioner, Orville M. Hutton (“Mr. Hutton”), appeals from an order of the Circuit Court of Harrison County that denied him relief in his petition for a writ of error coram nobis. In this appeal, Mr. Hutton contends that he satisfied the four-part test for coram nobis relief,1 After carefully reviewing the briefs, the arguments of the parties, the legal authority cited, and the record presented for consideration, we reverse and remand for further proceedings consistent with this opinion.

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FACTUAL AND PROCEDURAL HISTORY

In 2010, a Harrison County grand jury indicted Mr. Hutton for…