MARYLAND CORAM NOBIS AND HABEAS CORPUS LEGAL REMEDIES ,www.charlesjeromeware.com

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Charles Jerome Ware, Attorneys & Counselors, LLC, is a  Maryland-based national criminal defense law firm which is highly-regarded and well-respected for its many successful representations of clients with criminal and civil issues and difficulties.  For an initial courtesy consultation, contact us at charlesjeromeware@msn.com,  (410) 730-5016  or  (410) 720-6129.


    1.  Writ of Coram Nobis
         Maryland Rule 15-1201, 12-202, et. seq.;  Parker v. State, 160 Md. App. 672 (2005);  Skok v. State, 361 Md. 52 (2000).
         In recent years, an increasing harshness of the immigration laws as well as the federal sentencing guidelines have inspired defense attorneys to seek creative ways to revisit semmingly final judgments in criminal cases.  Maryland state appellate courts have ruled that the use of one such device --- the Writ of Coram Nobis --- is an appropriate method for an individual to challenge a conviction on constitutional, jurisdictional, or fundamental grounds, even long after the judgment has become final.
         The Maryland Court of Special Appeals  in Parker, relying on the Court of Appeals decision in  Skok, clearly affirmed that the writ of coram nobis is an acceptable remedy " for a person who is not incarcerated and not on parole or probation, who is faced with a significant collateral consequence of his or her conviction, and who can legitimately challenge the conviction on constitutional or fundamental grounds."  < see more .


     2. Petition for Writ of Habeas Corpus
         Maryland Courts & Judicial Proceedings, Annotated Code, Section 3-702; Lomax  v.  Maryland Correctional Training Center, 356 Md. 569 (1999);  Pollock  v.  Patuxent Institution Board of Review, 358 Md. 656 (2000).
          Anyone committed, detained, confined, or restrained for any offense under color of law may file a petition for writ oh habeas corpus.  Habeas corpus actions are appropriate when the relief sought is release, but also when the relief sought is a proceeding or hearing which may lead to the petitioner's release.