08 69 PETITION FOR WRIT OF ERROR CORAM NOBIS (EXAMPLE: INSANITY AT TIME OF PLEA)

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2023 Ed.)

08-69 PETITION FOR WRIT OF ERROR CORAM NOBIS (EXAMPLE: INSANITY AT TIME OF PLEA)

[CAPTION] PETITION FOR WRIT OF ERROR CORAM NOBIS

Defendant-Petitioner petitions the court for error coram nobis relief and [he/she] states as follows:

1. Petitioner was charged with attempted capital murder on [date]. He was represented by [defense counsel] through at least the plea date.

Background of Mental Health Issues

2. An Act 3 evaluation was completed [date] and the report was submitted [date]. The report found Petitioner had mental disease or defect both at the time of the offense and the examination, specifically schizoaffective Disorder, Depressive Type; Mild Mental Retardation (IQ=70). [Act 3 Report, Cover Page & p. 1] The report also concluded that at the time of the alleged offense Defendant did not lack the capacity to appreciate the criminality of his conduct or to conform his conduct to the law. [Act 3 Report at ___] This finding was based on Petitioner's failure-this petition asserts inability-to self-report active symptoms on the day of the events, although the report also stated that Schizoaffective Disorder is a "chronic disease." [Act 3 Report at ___] Finally, the report concluded that Petitioner was fit to proceed, even though Petitioner could not accurately identify who his attorney was, and added that "[i]t is unlikely his mental condition will deteriorate due to the stress of awaiting trial or the stress of the trial itself, as long as he remains on his medication." [Act 3 Report at ___] This Court thus found Petitioner fit to proceed, without objection, on [date], and the record does not reflect that this issue was ever revisited.

3. on [date] Petitioner pled guilty to attempted capital murder, and he was sentenced to thirty years. [At the time of the plea, the prior fitness to proceed findings were over one year old.]

4. Petitioner did not file a direct appeal and so this petition is properly filed in this court. Noble v. State, 2015 Ark. 141, at 5, 460 S.W.3d 774, 778 (citing Dansby v. State, 343 Ark. 635, 37 S.W.3d 599 (2001).

Defendant's Burden

5. "A writ of error coram nobis is an extraordinarily rare remedy, more known for its denial than its approval." Howard v. State, 2012 Ark. 177, at 4, 403 S.W.3d 38, 42. "The writ is allowed only under compelling circumstances to achieve justice and to address errors of the most fundamental nature." McDaniels v. State, 2012 Ark. 465, at 2 (per curiam).

6. The Arkansas Supreme Court has held "that a writ of...