Henzel v. State

HUBBART, Chief Judge.

The central issue presented for review is whether a trial court’s alleged failure to recall accurately certain testimony prior to rendering a verdict in a non-jury criminal trial constitutes a legally sufficient ground to set aside a subsequently entered criminal conviction and sentence on a petition for a writ of error coram nobis. We hold that such an alleged failure to recall testimony cannot constitute a valid ground for coram nobis relief. We accordingly, deny the petitioner’s original application filed in this court for permission to file a petition for a writ of…