United States of America Ex Rel. Oscar Bjornsen v. Honorable J. Edwin Lavallee, Warden of Auburn State Prison, Auburn, New York

Appellant was convicted of first degree murder in the former Court of General Sessions, New York County, and was sentenced to life imprisonment on February 6, 1952. He was represented by assigned counsel both at trial and at sentencing. He did not appeal from his conviction. In September, 1963, he applied to the Supreme Court, for a writ of error coram nobis, seeking to be resentenced nunc pro tunc so that he could file a timely notice of appeal from his 1952 conviction. Appellant alleged that within the thirty-day period following his conviction within which a notice of appeal had to be…