William F. Kaetz v. United States
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.
If a 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. HartfordEmpire 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?
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