What remedies are available to a defendant who has been found guilty of perverting the course of justice?

California, United States of America


The following excerpt is from Mendez v. Superior Court of Los Angeles, 104 Cal.Rptr.2d 839, 87 Cal.App.4th 791 (Cal. App. 2001):

It is at the time of trial that a party "must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise [foregoes or is unable to challenge the outcome or] show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, [could] be worse than occasional miscarriages of justice." (Pico v. Cohn (1891) 91 Cal. 129, 134.) For those who remain in custody, habeas is available. For those who are free, coram nobis is not the answer.

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