Legal Question in Legal Malpractice in Virginia

corum nobis

Is there a statue of limitation for filing a corum nobis. My conviction was 3 years ago.


Asked on 11/20/08, 7:14 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: corum nobis

The writ of coram vobis has now been largely replaced by the Virginia legislature in the statute

found in Va. Code Sec. 8.01-677, and is limited to correcting clerical and certain factual errors in a case which were not known at the time judgment was entered.

It is not intended to replace the remedy of habeus corpus nor as a remedy for a defedant to have his conviction reviewed, generally, by the trial court long after a verdict has been entered. (And, therefore, is unlikely to have any applicability to your particular case.)

See caselaw--Gary Earl Neighbors v. Commonwealth of Virginia (2007) at 650 S.E. 2d 514 and Va. Code Sec. 8.01-677.

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Answered on 11/21/08, 10:02 am


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