Legal Opinion · Concurrence

Gregory v. Class

South Dakota Supreme Court

Decided September 9, 1998No. NonePublished

1ConcurrenceSabers, Justice

[¶ 31.] I fully agree that we should affirm the circuit court’s dismissal.

[1132.] I write specially to note that the majority opinion seems to unduly narrow the circumstances under which eoram nobis is the appropriate remedy. This is contrary to the letter and spirit of coram nobis as expressed by Justice Wollman in In re Brockmueller, 374 N.W.2d 135, 137, 138-39 (S.D.1985):

Generally, this extraordinary writ is only available to attack convictions involving collateral legal disadvantages which survive the satisfaction of a sentence.

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The state further argues that coram nobis is…

2Cases cited4 opinions

  1. Petition of BrockmuellerSouth Dakota Supreme Court · 1985
  2. Moeller v. SolemSouth Dakota Supreme Court · 1986
  3. Petition of NillesSouth Dakota Supreme Court · 1987
  4. State v. DavisSouth Dakota Supreme Court · 1994

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