Bryant v. State (Majority, with Dissenting)Annotate this Case
The Supreme Court denied Petitioner's motion for permission to proceed with a belated appeal of an order denying his pro se petition for writ of error coram nobis, which mooted his additional motions, holding that the circuit court did not abuse its discretion in denying relief.
In addition to his motion for belated appeal Petitioner filed motions for appointment of counsel, to supplement appeal, to file rule on clerk, to add "to [his] error coram nobis," second motion to supplement, and second motion to add. In his coram nobis petition Petitioner asserted that his allegations of mental disease or defect were not fully adjudicated, that his guilty plea was coerced, and that his trial counsel was ineffective. The circuit court denied the petition. The Supreme Court held that Petitioner's ineffective assistance of counsel claim was not a ground for the writ and that the two other claims failed to allege any facts to support those claims. Therefore, the Court held, the coram nobis petition was wholly without merit, and Petitioner could show no abuse of discretion in the denial of relief and could not prevail on appeal.