______*IN THE
PETITIONER*DISTRICT/CIRCUIT COURT
v. *FOR
STATE OF MARYLAND*______COUNTY
RESPONDENT *Case No.: ______
************* *
Petition FOR a writ of error coram nobis
and request for hearing
Petitioner, ______(hereinafter “Petitioner”) submits this Petition for Writ of Error Coram Nobis pursuant to Skok v. State, 361 Md. 52 (2000) and Maryland Rules 15-1201 through 15-1207.
Statement of the Case
On February 6, 2012, Petitioner pleaded guilty in the District Court for Montgomery County, the Honorable Barry A. Hamilton presiding, to credit card theft. On that date, Petitioner was sentenced to one (1) year’s incarceration, all of which was suspended, in lieu of six (6) months of probation for each count.
No post-trial motions were filed.
At all relevant times, Petitioner was represented by Assistant Public Defender, John McKee, Esq. (hereinafter “Trial Counsel”).
THIS CASE MEETS THE CORAM NOBIS REQUIREMENTS.
The elements of a coram nobis action are:
(1) A constitutional or fundamental right is involved;
(2) There is no opportunity to bring the matter before the court using another vehicle;
(3) There are serious collateral consequences.
See, Skok v. State, 361 Md. 52 (2000). The Court of Appeals has suggested in dicta that coram nobis can be the appropriate vehicle for raising ineffective assistance, when post conviction is not available. See, Mosley v. State, 378 Md. 548 (2003).
1. CONSTITUTIONAL RIGHTS VIOLALATED
The constitutional rights implicated here are [EXAMPLE: the Fourteenth Amendment Right to Due Process and the Sixth Amendment Right to Effective Assistance of Counsel.]
2. significant collateral consequences
DESCRIBE IN DETAIL WHAT EFFECT THE CONVICTION(S) HAVE HAD ON YOU.
FOR EXAMPLE: Petitioner is currently a nursing student at Stevenson University. A prerequisite for graduation requires Petitioner to successfully complete a clinical nursing program. Petitioner’s convictions are currently preventing her from being accepted into a clinical program. See Petitioner’s Exhibit 1. Without being able to participate in and complete the clinical program, Petitioner will be unable to complete her nursing degree.
Moreover, in order to become a registered nurse after graduation, Petitioner must take a licensing examination through the State Board of Nursing. See Maryland Code, Health Occupations Article (hereinafter “HOA”) § 8-301(a). Petitioner’s current convictions will disqualify Petitioner from becoming board certified. See HOA § 8-316(a)(4).
3. AVAILABILITY OF OTHER REMEDIES
Coram Nobis is Petitioner’s only avenue for relief under Maryland law. Because Petitioner’s sentence has now expired, she is not entitled to any other remedy ordinarily available to defendants who are currently incarcerated or on parole or probation.
4. WAIVER
The SkokCourt also indicated that waiver principles are applicable to coram nobis. Skok, 361 Md. at 79. In the post conviction context, waiver is a concept much like "exhaustion of remedies." It means that in order to raise an argument on post conviction, the argument must have been raised at any earlier point when it was possible to raise it. See, CP § 7-106(b).
There was a rebuttable presumption that a defendant waives the right to challenge a conviction by use of coram nobis, when he fails to appeal and no special circumstances exist to excuse this failure. Holmes v. State, 401 Md. 429, 431 (2007). However, effective October 1, 2012, the failure to seek an appeal in a criminal case no longer constitutes waiver in coram nobis proceedings. Md. Code. Ann. Crim. Proc. § 8-401. This statute overrules Holmes v. State, 401 Md. 429, 431 (2007).
The statute is not limited to petitions for writ of error coram nobis filed on or after the October 1st, 2012 effective date. The legislative intent was to make waiver inapplicable to coram nobis proceedings generally, regardless of when the petitions for writ of error coram nobis were filed. The Court of Special Appeals held that CP § 8-401 operates retroactively. See Graves v. State, __ Md. App. __, __A.2d.__, [No. 2832, Sept. Term, 2011, decided December 18] (2013).
Allegations of error
DESCRIBE HERE THE CONSTITUTIONAL VIOLATIONS THAT OCCURRED. SOME EXAMPLES BELOW:
- Petitioner’s plea was not knowing and voluntary because the Court failed to ascertain that Petitioner understood that, by pleading guilty, she was waiving the right to be tried by a jury.
- Petitioner’s plea was not knowing and voluntary because the Court failed to advise Petitioner of the maximum sentence that could be received;
- Petitioner’s plea was not knowing and voluntary because the Court failed to advise Petitioner of the elements of the crime to which she was pleading;
- Petitioner was not advised of her constitutional right to an attorney.
Request for Relief
WHEREFORE, Petitioner respectfully requests that this Court:
- Vacate Petitioner’s guilty plea; and
- Any further relief as law and justice require.
Request for A hearing
Petitioner respectfully requests a hearing on this motion to be scheduled because this matter has substantive merit, the information to be presented at the hearing has not been previously presented, and a hearing would be in the interests of justice.
Respectfully submitted,
______
YOUR NAME AND ADDRESS HERE
* you must attach a transcribed copy of each court proceeding.Certificate of Service
I hereby certify that on the ______day of ______, 201___, a copy of the foregoing Petition for Writ of Error Coram Nobis was mailed to the State’s Attorney’s Office in Montgomery County, Maryland.
______
YOUR NAME HERE
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