Books and Journals 08 70 PETITION FOR WRIT OF ERROR CORAM NOBIS (EXAMPLE: BRADY VIOLATION)

08 70 PETITION FOR WRIT OF ERROR CORAM NOBIS (EXAMPLE: BRADY VIOLATION)

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08-70 PETITION FOR WRIT OF ERROR CORAM NOBIS (EXAMPLE: BRADY VIOLATION)

[CAPTION]
PETITION FOR WRIT OF ERROR CORAM NOBIS

Petitioner seeks a writ of error coram nobis for a Brady violation to proceed in the Circuit Court of [county] County, Arkansas, and [he/she] states as follows:

1. Petitioner was convicted in the Circuit Court of [county] County, Arkansas, on [date]. [He/She] appealed, and the [Arkansas Supreme Court] [Court of Appeals] affirmed on [date]. [citation]

2. Thereafter, on or about [date], Petitioner discovered that [describe in detail the Brady violation as to what was withheld and how it is material to the fair trial question].

3. Petitioner has the burden of showing that the information was material to the defense and there is a reasonable likelihood that a different outcome could occur at trial.

4. First, Petitioner does not have to show it is more likely than not that disclosure of the evidence would have resulted in acquittal. The standard is whether confidence in the outcome has been undermined by the Brady violation:

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