Paul Lewis petitioned the circuit court for a writ of error coram nobis after he complet
The witness’s sworn statement recanting her trial testimony constitutes newly discovered evidence and the trial court must assess whether it is of such a nature that it would probably produce an acquittal at trial. See Jones v. State,
The trial court concluded that the witness was not credible, but there is no evidence in the record to support that determination. Although the witness was available to testify at the coram nobis hearing, the trial court did not permit Mr. Lewis’s counsel to present that witness’s testimony. Thus, there was no opportunity for the trial court to evaluate the witness’s demeanor. Furthermore, the trial court did not express its reasons for concluding that it did not believe the witness’s statements. It merely refers to her unexplicated background. Within that setting, we cannot conclude there was an evidentiary basis supporting the trial court’s credibility determination. We also note that the trial court did not state whether the changed testimony was capable of producing a different verdict at a new trial.
Accordingly, we reverse and remand for the trial court to consider Lewis’s petition in accordance with Glendening.
Notes
. Although Mr. Lewis failed first to obtain permission from this court to seek coram nobis relief, normally an essential ingredient in that kind of proceeding, the State failed to raise this issue with the trial court. Because the trial court has subject matter jurisdiction to determine such petitions, the State waived its objection. If Mr. Lewis had come to this court first, we would have granted leave to file the petition.
