Coram Nobis — Baltimore City
Federal Criminal Defense Baltimore, Maryland
The firm won a contested coram nobis proceeding in Baltimore City last week. Our client was facing federal prosecution as an Armed Career Criminal. This was because he had three previous convictions for either drug felonies, violent felonies, or a combination of both. As an Armed Career Criminal, the client faced a MANDATORY 15-year sentence.
The firm obtained the records for his old convictions that put him into this precarious position. We discovered that one of the convictions, more than 10 years old, had a constitutional deficiency. When the client pleaded guilty to that offense — for drug distribution — he was not properly advised of his rights. Neither his lawyer nor the Judge properly explained the crime to which he was pleading guilty. As such, the conviction was subject to attack by coram nobis.
After we filed a petition for writ of error coram nobis, the State opposed. The Court ordered a hearing, and at the hearing the State raised numerous defenses, including latches. However, in a written opinion, the Court ruled in our favor, and the conviction was vacated!
