Washington v. State
Washington v. State
Opinion of the Court
This is a petition praying that the mandate of this court affirming the judgment of the court below and transmitted to the Circuit Court of Duval County on the 17th day of January, 1924, and filed in said court on January 18th, 1924, be recalled from the trial court and the cause reinstated on the docket of this court, and that petitioner be given permission upon return of the mandate of this court, to make due and proper application to the judge of said Circuit Court in which the judgment of conviction was rendered, within a time and upon terms to be fixed by this court, praying for the granting of a writ of error coram nobis addressed to the said judgment of conviction of murder in the first degree in the case of The State of Florida v. the petitioner.
Before going into the questions as to whether the alleged grounds upon which the petitioner proposes to pray the
In Nickels case, 86 Fla. 208, 98 So. 502, the writ of error was taken to a final order made by the Circuit Judge denying a writ of error coram nobis, which order was affirmed by this court and motion for rehearing denied and mandate sent down. During the same term the court recalled such mandate, in order that the cause might be reinstated on the docket of this court and that a rehearing might be granted upon the question raised. This action was taken under the general power vested in courts to control orders and judgments rendered during the term at which such control is exercised.
In the case of Lamb v. The State, 107 So. 535, the petition was presented to this court while it still had jurisdiction of the cause, the mandate of this court having not at that time been transmitted to the trial court, and this court gave permission to the petitioner to make due and proper application to the judge of the circuit court in which he had been tried and convicted, for the granting of a writ of error coram nobis addressed to the judgment of conviction, such application to be made within twenty days, during which period of twenty days, the execution of the mandate from this court, which was ordered transmitted to the trial court, was stayed. Later and during the same term an application was made to this court for mandamus to be directed to the judge of the lower court to act upon said petition for writ of error coram nobis. It appearing that proper application had not been made within the period of twenty days, this court held that mandamus would not issue to said judge to hear and act upon said
In the case first cited, Lamb v. The State, 107 So. 535, this court said, “An application for a writ of error coram nobis must be made within the time allowed by statute for taking any writ of error;” but where (as in this State) there is no such limitation in writs of error in criminal cases, there is none as to writs of error coram nobis. Citing authorities.) * * *
“Where a judgment of conviction of a crime has been affirmed on writ of error, the trial court cannot then grant a writ of error coram nobis, for the affirmed judgment is also the judgment of the appellate court, and the lower court is without power to review the judgment or to impair its validity or effect. (Citing authorities.) * * * But if leave to issue the writ should be granted by the appellate court that affirmed the judgment, the trial court may grant a writ of error coram nobis upon a sufficient showing duly made.
“After the affirmance of a judgment of conviction taken to the Supreme Court by a writ of error, the trial court is without authority to consider an application for a writ of error coram nobis, unless permission is duly given by the appellate court that affirmed the judgment. * * * If the writ is granted, a trial is had in due course of law on the issue made as to the existence of the particular facts; and if found for the plaintiff in the writ, the court determines whether such facts are sufficient to cause the
Even if this court had the power to grant permission to the petitioner to make application to the trial court for a writ of error■ coram nobis,.under the facts of this case, it could not recall the mandate sent down from this court to the trial court in January, 1924, and reinstate the cause on the docket of this court, long after the term of this court at which the mandate to the lower court was transmitted, has expired. As was said by this court in Trustees Internal Improvement Fund v. Bailey, 10 Fla. 238, on pages 257-8, “Let us return to.the motion to docket the cause. To docket the cause would imply there was such a cause in Court-, and to entertain a rehearing would be a farce, unless the judgment entered on the 19th of April, 1862, (about one year and eight months ago), was vacated or recalled. ’ ’
“In cases where application is made under the rule of Court, the judgment of the Court is not enrolled until the application is disposed of. In this case, the application was denied and judgment enrolled. The term of Court in which said judgment was entered has long since passed, and the question arises, Can this Court recall or vacate said judgment ? If this can be done now, it can be done twenty years from this time, and there is no telling
The prevailing rule is that an appellate court is withoui power to recall a mandate regularly issued without inadvertence and resume jurisdiction of the cause after the expiration of the term at which its judgment was rendered and the mandate issued. 24 C. J., pages 1245, 1246. It also appears to be a rule, sustained by an overwhelming weight of authority, that a judgment rendered by an appellate court can not be vacated or amended by such court after the expiration of the term at which it was rendered, except for the purpose of correcting clerical error and mistake, or perhaps where shown for some reason to be absolutely void. 24 C. J. 1247, 1248, and cases cited. This is in keeping with the sound principle of jurisprudence that some time, somewhere within reasonable limits, there must be an end to litigation.
In the case of Merchants’ National Bank v. Grunthal, 39 Fla. 388, 22 So. 685, an effort was made at a subsequent term, on a second application for rehearing, to have this court grant a rehearing and in connection therewith issue a certiorari to the lower court to send up the record of certain papers which had not been properly exhibited by the
However, this does not prevent the court from making an order permitting a judgment of a lower court which has been affirmed by it at a previous term to be attacked and, if proper grounds be known, set aside, in such lower court by some appropriate method recognized by the law.
In the case of Bloxham v. F. C. & P. R. Co., 39 Fla. 243, 22 So. 697, the principle is clearly enunciated, that this court has th'e power, on an independent petition filed for that purpose, after a mandate on a former appeal had been issued and lodged in the lower court and a judgment entered thereon, at a previous term, to grant leave to one of the parties to apply to such lower court for permission to file a bill of review, or supplemental bill in the nature of a bill of review, in pursuance of an effort, by reason of new matter, to obtain a change or modification of the decree which had been rendered by the lower court and affirmed by this court. It was held, however, that' such leave should not be granted as a matter of course, but only in the exercise of a sound discretion, when it appears that good and sufficient grounds exist for filing such bill and where the application is made on the ground of newly-discovered matter. The same principle applies, in the main, to the situation now before us.
As has already been pointed out by this court, the writ of error coram nobis is a common law writ, the purpose of
As was pointed out by this court in the cited cases, if the trial court erroneously grants a writ of error coram nobis, the State has no right to an appellate review of such order, and the security of the State’s judgment of conviction lies in the faith, that the trial court will not grant a writ of error coram nobis except upon a proper and adequate showing of essential facts duly made by competent, and adequate legal evidence. As to proper procedure in the lower court, see the Lamb and Nickels cases, supra.
As to supersedeas or stay of execution of the judgment of conviction and sentence, this may be asked by the peti
It is, therefore, considered and ordered that' the petitioner, Abe Washington, be and he is hereby given permission to forthwith make due and proper application to the Circuit Court for Duval County, Florida, praying for the granting of a writ of error coram nobis addressed to the judgment of conviction of murder in the first degree rendered in the case of the State of Florida v. Abe Washington by said court, which judgment was later affirmed by this Court, and said Circuit Court is hereby authorized to entertain and determine such application and all matters lawfully incidental thereto. A copy of the order made herein, together with a copy of this opinion, will be duly certified to said Circuit Court. It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.