Legal Opinion

Fritz v. State

Wisconsin Supreme Court

Decided September 29, 1964PublishedCited by 7 opinions

1Opinion of the CourtWilkie, J.

There are two questions presented on this appeal:

1. Is coram nobis the proper remedy to upset a first-degree murder conviction under the vicarious-liability statute on the ground that after time for appeal had expired, the sole accomplice was found not guilty because of insanity?

2. Did the trial court err in refusing to appoint counsel to pursue a writ of coram nobis?

Coram nobis is a statutory remedy 1 directed at the trial court. The type of error that may be reached by coram nobis was comprehensively considered in Houston v. State 2 wherein it was stated:

“An error to constitute a ground for…

2Cases cited9 opinions

  1. Smith v. BennettSupreme Court of the United States · 1961
  2. Lane v. BrownSupreme Court of the United States · 1963
  3. Burns v. OhioSupreme Court of the United States · 1959
  4. State v. LloydWisconsin Supreme Court · 1913
  5. Casper v. StateWisconsin Supreme Court · 1879

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

3Cited by7 opinions

  1. People v. AustinCalifornia Court of Appeal · 1980
  2. Parent v. StateWisconsin Supreme Court · 1966
  3. State v. VinsonDistrict Court of Appeal of Florida · 1974
  4. State v. KanieskiWisconsin Supreme Court · 1966
  5. State v. RandolphWisconsin Supreme Court · 1966

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

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