ARDEN KUHN, BY HIS NEXT FRIEND AND ATTORNEY, WM. C. PIERCE, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error concerning a prior conviction, holding that the writ of error coram nobis is not applicable when the judgment attacked is invalid or ineffective, as the petitioner has other remedies in such cases.
No, a writ of error coram nobis is not appropriate for setting aside an invalid or ineffective judgment; the petitioner must pursue other remedies.
“And to authorize such a writ for the setting aside, upon appropriate grounds, of a judgment which had theretofore been rendered against the pétitioner, it must be made to appear that the judgment attacked was prima facie at least, a valid and effective one.”
Establishes the requirement for a valid and effective judgment to be subject to a writ of error coram nobis.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error sought a writ of error coram nobis to set aside a conviction, alleging insanity at the time of trial. The lower court sustained…
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Brown, J.
Plaintiff in error made application to the Criminal Court of Record of Hillsborough County for writ of error coram nobis for the purpose of having set aside an alleged judgment of conviction of a criminal offense, rendered by said courts, on the ground that plaintiff in error was insane at the time of his trial and conviction, which fact was not then known to court or counsel. The court sustained a demurrer to the petition for the writ, and petitioner took writ of error. It appears from the record that the judgment thus attacked was not a valid or effective judgment, in that it contained no adjudication by the court of the defendant’s guilt of the crime charged, or any other for that matter. See Neoma Cauhn, alias Naomi Kuhn, et al., v. State, decided at the present term. If another remedy exists, writ of error coram nobis should not be granted. Lamb v. State, 107 So. R. 535, 91 Fla.
396. And to authorize such a writ for the setting aside, upon appropriate grounds, of a judgment which had theretofore been rendered against the pétitioner, it must be made to appear that the judgment attacked was prima facie at least, a valid and effective one. If the judgment complained against be invalid or ineffective, the petitioner has other remedies. While this point was not raised by the .demurrer, it renders the .action of the court below harmless to plaintiff in error, and we deem it sufficient to warrant this court in dismissing the writ' of error without prejudice.
It is so ordered.
Terrell, C. J., and Ellis, J., concur. Whiteield, P. J., and ’Strum and Buford, J. J., concur in the opinion and judgment.
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Citator
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Ellis v. State, 100 Fla. 27 (Fla. 1930)…l states in the brief filed in behalf ot the State that it “must be conceded that the record does not show a valid judgment, ’ ’ and cites Maniscalco v. State, 98 Fla. 468, 123 So. R. 922; Tootle v. State, 98 Fla. 469, 123 So. R. 922; Kuhn v. State, 98 Fla. 206, 123 So. R. 755. [*41] In the case of Smith v. State, 75 Fla. 468, 78 So. R. 530, the indictment' sought to charge Smith with the offense of unlawfully selling intoxicating liquors. The first offense was charged in the following language: “that the…
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Livingston v. Malever, 103 Fla. 200 (Fla. 1931)…idered in several cases, namely: Doyle v. Wade, 23 Fla. 90, 1 So. 516; Giles v. Wilmott, 77 Fla. 158, 81 So. 106; Henderson v. Chaires, 35 Fla. 423, 17 So. 574; Erickson v. Insurance Co., 66 Fla. 154, 63 So. 716; Reinschmidt vs. Crosby, 98 Fla. 365, 123 So. 755. There was a motion filed in this case on May 10,1929, to be allowed to amend the declaration by adding the common counts, which motion was denied. This action of the court was not assigned as error, nor was it argued in the briefs. It is therefore…
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Nelson v. State, 99 Fla. 1032 (Fla. 1930)…ate (Fla.) 122 So. R. 565. The separate appeal of Arden Kuhn from an order of the trial court denying a writ of eoram nobis was dismissed upon the ground that the judgment of conviction was invalid, and petitioner had other remedies. Kuhn v. State, 98 Fla. 206, 123 So. R. 755. It appears from the transcript that Madeline Nelson, sole plaintiff' in error here, was sentenced, but the record thereof not showing a formal adjudication of conviction, the writ of error was dismissed; the judgment was thereupon…
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- Lamb v. State, 91 Fla. 396 (Fla. 1926)