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ESTATE OF McKINNEY v. U.S.

No. 94-30415.

71 F.3d 779 (1995)

ESTATE OF Gentry E. McKINNEY, By and Through its Personal Representative, Virginia McKINNEY; Virginia McKinney, personally, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1995.

Attorney(s) appearing for the Case

Norman Sepenuk, Portland, Oregon, for plaintiffs-appellants.

James L. Sutherland, Assistant United States Attorney, Eugene, Oregon, for defendant-appellee.

Before: SCHROEDER, REINHARDT, and FERNANDEZ, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

A decedent's estate and widow petitioned the district court for a writ of error coram nobis. They sought an order vacating the decedent's convictions, contending that they were obtained without proof as to an essential element. The district court denied the petition, concluding that the petitioners lacked standing because the right to coram nobis relief belongs only to the wrongfully convicted individual, and that even if...

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