Legal Opinion

State Ex Rel. Emmert v. Hamilton Circuit Court

Indiana Supreme Court

Decided May 29, 1945No. 28,090PublishedCited by 13 opinions

1Opinion of the Court

Pee Cueiam.

In the court where he was tried and convicted of murder 20 years ago, David C. Stephenson asserts by a pleading, denominated a petition for writ of error coram nobis, that he should now have another trial. Relators are aware of the difficulties of marshalling in 1945 evidence to prove facts that existed and were susceptible of proof in 1925. They fear the possibility of an erroneous ruling by respondent court resulting in the unwarranted release of a guilty convict. Alleging that the State has no other adequate protection against misuse of the writ of error coram nobis, relators…

2Cases cited8 opinions

  1. Warren v. Indiana Telephone Co.Indiana Supreme Court · 1940
  2. Sanders v. StateIndiana Supreme Court · 1882
  3. State Ex Rel. White v. Hilgemann, JudgeIndiana Supreme Court · 1941
  4. Stephenson v. StateIndiana Supreme Court · 1932
  5. Wheeler v. StateIndiana Supreme Court · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Bozovichar v. StateIndiana Supreme Court · 1952
  2. State Ex Rel. Pollard v. Criminal Ct. of Marion Cty.Indiana Supreme Court · 1975
  3. Slack v. GrigsbyIndiana Supreme Court · 1951
  4. State v. HuffmanOregon Supreme Court · 1956
  5. State Ex Rel. Pub. Serv. Com. v. Marion C. Ct.Indiana Supreme Court · 1952

8 more not listed; retrieve them via the Exa API.

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