McKinney v. State (Majority, with Dissenting)Annotate this Case
The Supreme Court denied Petitioner's pro se petition to reinvest jurisdiction in the trial court to allow him to file a petition for writ of error coram nobis in his criminal case, holding that neither of Petitioner's claims established cause to permit Petitioner to proceed in the trial court with a coram nobis petition.
Petitioner was found guilty of multiple drug-related offenses. As grounds for the writ, Petitioner alleged that (1) while his criminal case was on remand from the court of appeals, a third party confessed to him that he was the owner of drugs and scales seized in the search of Petitioner's house, and (2) neither Petitioner's trial attorney nor his appellate attorney afforded him effective assistance of counsel. The Supreme Court denied the writ, holding (1) Petitioner's petition with respect to the third-party confession was not timely filed; and (2) Petitioner's allegations of ineffective assistance of counsel were not cognizable in a coram nobis proceeding.