Literally, coram nobis means ourcourt, in our presence, before us. The essence of the writ of error coram nobis is that it is addressed to the very court which renders the judgment where injustice is alleged to have been done, rather than to an appellate or other court. The writ is allowed only under compelling circumstances to achieve justice and to address errors of the most fundamental nature. Pitts , supra . Coram nobis proceedings are attended by a strong presumption that the judgment of conviction is valid.
Due diligence is required in making application for relief.
After reviewing the instant petition, we do not find that petitioner has stated any good cause to grant leave to proceed with a petition for writ of error coram nobis in the trial court. Petitioner Risher contends that he is entitled to error coram nobis relief on several grounds. First, he asserts that a photograph of the crime scene which would have been helpful to the defense was suppressed by the State. Petitioner alleges that the photograph was found in the file of one of the investigating officers, Jim Wittington, who participated in the search of the crime scene. He asserts that the photograph, when compared with other photographs of the crime scene introduced into evidence at trial, would have shown that the scene as depicted in the photos introduced at trial was staged by the police.