William F. Kaetz v. United States
DueProcess JusticiabilityDoctri
Whether a lower court has a duty and obligation to correct a miscarriage of justice caused by fraud on the court, regardless of a harmless error of mixing civil and criminal procedures
QUESTIONS PRESENTED 1. Federal rules of civil procedure Rule 60 and a Writ of Coram Nobis both can be used to set aside a judgment, one is for civil cases, and one is for criminal cases. : Ifa petitioner seeks to set aside a judgment to correct a miscarriage of justice and the evidence indisputably proves a miscarriage of justice caused by fraud on the court, would it be the lower courts’ duty and obligation to correct a miscarriage of justice regardless of a harmless error of mixing the two procedures? 2. Does fraud on the court principles, as in Hazel-Atlas Glass Co. v. Hartford: Empire Co., 322 U.S. 238,248 (1944), a civil case, apply to criminal cases and count as a fundamental error and a miscarriage of justice for grounds for a Writ of Coram Nobis? _ 3. Did the U.S. Attorney commit fraud on the court in the appeals court by . using documents that was a product of a fraud on the court in the district court in a motion for summary affirmance to dismiss an appeal? Page 2 of 18