Mitchell v. State (Per Curiam)
Annotate this CaseThe Supreme Court denied Petitioner’s pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis in the case and declared as moot Petitioners motions for, inter alia, appointment of counsel and to proceed forma pauperis. Petitioner, who was found guilty by a jury of first-degree murder, contended as grounds for issuance of the writ that he was denied effective assistance of counsel at his trial and on direct appeal, that he was actually innocent of the offense of which he was convicted, that the trial court made errors in his trial, and that the evidence was insufficient to sustain the judgment. The Court held (1) several of Petitioner’s claims were not a ground for the writ or not cognizable in a coram nobis proceeding; (2) as to the remaining claims, the allegations advanced by Petitioner did not warrant reinvesting jurisdiction in the trial court to consider a coram nobis petition; and (3) Petitioner failed to show that he exercised due diligence in raising his claims for coram nobis relief.
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