Can a federal court order a retrial of a charge of sexual assault brought by a defendant who has been convicted of the same charge?
MultiRegion, United States of America
The following excerpt is from United States v. Richmond, 271 F.2d 364 (2nd Cir. 1959):
5 United States ex rel. Blank v. Jackson, 2 Cir., 263 F.2d 185, is not opposed to, but in fact appropriately complements, this line of cases. It holds that where on coram nobis proceedings the state subsequent to the original trial has conducted a full hearing with testimony and has then made a controlling finding of a crucial fact, the convicted accused cannot require the federal court to retry this issue.
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