GREGORY JAMES GRAVES v. STATE OF MARYLAND
Court of Special Appeals, Graeff, Filed Dec. 18, 2013,
Coram Nobis- CP 8-401 [Failure to appeal doesn’t constitute waiver for Coram Nobis] applies retrospectively

Defendant was convicted in 1998 of various handgun charges related to a robbery.
Defendant did not appeal or file a post-conviction.
In 2011, Defendant filed a writ of coram nobis on the basis of an involuntary plea. Denied.
CoSA reversed. Remanded for new trial.

The State argued several points on appeal that probably would have won the issue, but
– Laches
– Waiver on the basis of failure to file a post-conviction
– Failure of defendant to establish collateral consequences [necessary to file Coram Nobis]

That being said, while laches will generally require some sort of evidentiary finding, waiver on the basis of failure to file a post-conviction does not and could have been addressed by the CoSA had they chosen to.

Of course, the original prosecutor also pled the defendant out to a handgun charge on another robbery when the facts were that the defendant robbed a Subway store with a knife, but even so…

Other notes from the case:
– Plea- The trial judge must either (1) explain to the defendant on the record the nature of the charge and the elements of the crime, or (2) obtain on the record a representation by defense counsel that the defendant has been properly informed of the nature and elements of the charge to which he is pleading guilty.
– Plea- “Use of a handgun in the commission of a felony or crime of violence” is not “readily understandable” and the elements must be explained to a defendant before he can knowingly plea guilty
– Plea- Representation by defense counsel at coram nobis hearing that he explained the elements to the defendant was insufficient to nunc pro tunc a finding that the defendant was apprised of the elements when it was not done at the time of the plea.