Patrick Emanuel Sutherland v. United States
HabeasCorpus JusticiabilityDoctri
Whether the Fourth Circuit improperly limited the post-conviction remedy of a writ of coram nobis and created ambiguity in its scope
QUESTIONS PRESENTED This petition presents the following questions for certiorari review: 1. Whether, in conflict with the opinion of this Court, the United States Court of Appeals for the Fourth Circuit has improperly limited the post-conviction remedy of a writ of coram nobis. 2. Whether the dearth of this Court’s decisions regarding the post-conviction remedy of a writ of coram nobis has resulted in ambiguity in its scope. 3. Whether, in conflict with the decisions of other United States Courts of Appeals, the United States Court of Appeals for the Fourth Circuit has improperly limited the post-conviction remedy of a writ of coram nobis. 4, Whether the United States Court of Appeals for the Fourth Circuit has so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court’s supervisory power because it ruled that appellants are required to raise in their opening briefs issues that were not addressed nor ruled upon by the District Court or suffer affirmance based upon the doctrine of waiver.