Legal Question in Criminal Law in California

WRIT OF ERROR CORAM NOBIS IN CALIFORNIA/ I filed a Writ of Error Coram Nobis in the Superior Court Criminal Division on Oct.9 2012 . The Clerk told me it would go to Investigations, then to the Judge. After the Judge determines if i9t has enough merit to be heard, I would be notified as to whether or not it would be heard.I understand that it is the last thing on a Judges calendar,but, This is my QUESTION: Was I supposed to serve the DA's office a copy of my Writ and file a proof of service? Or do I wait until I receive notice that the Writ will be heard and then have the DA served??? I have worked really hard to get this far but, If I need to re file and start over, I would like to do it now. Thanks

Asked on 3/29/13, 1:03 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You were supposed to serve the D.A. and file a proof of service in the first instance. Waiting to see if the court would consider it was improper. Offhand I'm not sure whether you will need to re-file as a result.

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Answered on 3/29/13, 1:25 pm
Anthony Roach Law Office of Anthony A. Roach

You should have served the DA. It's called due process. We don't try cases in secret and by ambush.

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Answered on 3/29/13, 6:40 pm

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