David Godwin Frank v. United States
HabeasCorpus
Whether the Tenth Circuit's ruling denying a writ of error coram nobis based on delay and lack of diligence is irreconcilable with controlling precedent
Whether the Tenth Circuit ’s ruling, affirming the district court ’s decision denying Mr. Frank ’s petition for writ of error coram nobis on the ground that the delay in presenting his claim was not excused by his reasonable reliance on the misadvice of counsel arguably rising to the level of ineffective assistance, as argued in the lower court and instead constituted a lack of diligence, is irreconcilable with controlling precedent, and none of the alternative bases for affirmance were sufficient, such that this Court should remand to the United States Court of Appeals for the Tenth Circuit with instructions to reverse the denial of coram nobis relief?