Asked in Criminal Law for Arizona

Q: Is it lawful to manufacture evidence?

The District Attorneys opposition to my writ of error Coram nobis was adopted and used verbatim in stead for the findings of facts conclusion of law and order with all of its egregious misinformation and caused my writ to be denied , is this lawful?

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1 Lawyer Answer

A: No it is not lawful to manufacture evidence.

It is common for a court to use large portions of a party’s well-written and reasoned opposition in its decision denying the relief requested. There is nothing inherently wrong or suspect about that.

If you want a second opinion on the strength of the arguments made by your lawyer in your writ, you should consult a more experienced attorney in or near the county where you filed the writ. A writ of error coram nobis is a common law writ that hasn’t been commonly used in American jurisprudence in more than 150 years. This suggests to me that the attorney who prepared and submitted your writ may be lacking in experience in this area of law.

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