Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

2010 Notice of Petition

VIEWS: 78 PAGES: 2

Notice of Petition for a Writ of Error Coram Nobis

More Info
									Notice of Motion Pursuant to Title 28 USCA Section 22551


                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE WESTERN DISTRICT OF VIRGINIA
                                ROANOKE DIVISION


UNITED STATES OF AMERICA,                              :
     Plaintiff,                                        :
                                                       :
         v.                                            :        CR-93-91 CA-96-545-R
                                                       :
JULIEN MODICA, MPH, MPP,                               :
(aka: JULIEN K. DILKS)                                 :
       Defendant,                                      :

SIR:

         PLEASE TAKE NOTICE that upon the annexed petition2 of JULIEN MODICA,

verified the 27th day of September, 2010 and upon all the files and records had heretofore,

the undersigned will move this Court at a Motion Term thereof, to be held at Court Room

#2 (2nd Floor), in the United States Court House, Poff Building, in the City of Roanoke,

State of Virginia, on October 20th at 1:30PM, or as soon thereafter as petitioner can be

heard, for an order vacating and setting aside the judgment of conviction entered the 17th

day of October, 1994 and for such other and further relief as may be just and proper”3 4




1
  The current practice in federal court is to proceed by notice of motion together with accompanying
petition setting forth the judgment of conviction together with facts relied on, the errors contained, and a
prayer that the judgment of conviction be vacated. It should be noted that a motion for Coram Nobis is
always heard by the sentencing judge.
2
  The Court of Appeals has stated the rule that a motion for Coram Nobis will lie only in the court where
the original judgment of conviction was rendered. The fact that a conviction has been reviewed and
affirmed by a higher court, either by appeal of writ of error, does not preclude a subsequent Coram Nobis
proceeding which is properly founded.
3
  The Court of Appeals held that when the defendant had raised an issue within the scope of Coram Nobis
and his contention had not been conclusively shown to be false by opposing affidavits and documents, a
hearing on the disputed issue should have been ordered. People v. Richetti, 276 AppDiv 1091, 1092, 96
NYS2d 355, 356 (1950).
Dated 27th day of September, 2010

                                                                Yours,


                                                                ______________________________
                                                                Julien Modica, MPH, MPP
                                                                Pro Se
                                                                1101 Connecticut Ave., NW
                                                                Suite 805
                                                                Washington, DC 20036




TO:
UNITED STATES ATTORNEY
Western District of Virginia
310 First Street, SW
Room 906
Roanoke, VA 24011


CLERK OF THE UNITED STATES DISTRICT COURT
Western District of Virginia
Poff Federal Building
210 Franklin Rd, SW
Rm 540
Roanoke, VA 24011




4
  On the return date of the motion, the U.S. Attorney may either (1.) appear in open court and acquiesce in
the granting of the petition and the relief demanded, (2.) submit affidavits in opposition and so rebut any or
all of the statements set forth in the petitioner’s papers, or (3.) ask for a formal hearing.

								
To top