Writ of Error


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Writ of Error

An order by a court to another court to review a previously made decision. A writ of error is issued if a mistake in law or in fact may have been made.
References in periodicals archive ?
Second, the writ of error was available only once a suit has reached final judgment "in the highest court of law or equity of a State in which a decision in the suit could be had.
Third, section 25 provided that the writ of error shall be issued in state court cases "in the same manner and under the same regulations" as in cases from the federal circuit courts.
26 Commentators note that the American and territorial experience postunification of law and equity was, broadly speaking, to follow more closely the writ of error process than the equity appeal process:
American appellate courts adopted the writ of error procedure as the default procedure.
They were seemingly best positioned in Cohens to make the argument that the Supreme Court lacked statutory jurisdiction to engage in appellate review via writ of error in state court criminal prosecutions.
Marshall would have been familiar with the course of proceedings in Cohens because the writ of error had been issued under his signature.
Although a writ of error coram vobis is a proper venue to address a discovery violation after the completion of appellate review, the defense must overcome a significant evidentiary standard to obtain relief--that the probability of the outcome of the trial would have been different.
54) Error coram vobis means "Error in the proceedings 'before you'; words used in a writ of error directed by an appellate court to the court which tried the cause.
In the examination of this question, the court give the definition of "a suit," as laid down by the most approved jurists,(6) and of a writ of error.
A writ of error and an appeal are merely different modes of effecting the same object.
His petition for writ of error explicitly invoked the Fifth Amendment, as well as the Tenth.
Courts will consider additional factors in determining if a writ of error coram nobis is agreeable to usages and principles of law.