Legal Opinion

Gregory v. Class

South Dakota Supreme Court

Decided September 9, 1998No. NonePublishedCited by 10 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this appeal, we must decide if the common law writ of coram nobis is available to review issues which were examined or could have been examined in a petitioner’s earlier post-conviction proceedings. After state and federal habeas applications had been resolved against him, petitioner sought a writ of error coram nobis. Largely, he *875alleged the same arguments that had either been adjudicated or could have been adjudicated in earlier proceedings; Because this special writ may only be used to remedy a profound injustice when a petitioner has no other available remedy,…

2Cases cited43 opinions

  1. Murray v. CarrierSupreme Court of the United States · 1986
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. United States v. MorganSupreme Court of the United States · 1954
  4. United States v. HaymanSupreme Court of the United States · 1952
  5. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995

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3Cited by10 opinions

  1. Trujillo v. StateNevada Supreme Court · 2013
  2. Piper v. YoungSouth Dakota Supreme Court · 2019
  3. State v. SinclairSupreme Court of Vermont · 2012
  4. Garcia v. StateSouth Dakota Supreme Court · 2014
  5. Whitepipe v. WeberDistrict Court, D. South Dakota · 2007

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