State v. McDonald

Daniel P. McDonald seeks review of a published decision of the court of appeals, State v. McDonald, 138 Wis. 2d 366, 405 N.W.2d 771 (Ct. App. 1987), dismissing an appeal from a judgment of conviction and an order denying a motion for abatement of the criminal proceedings ab initio by the circuit court for Lafayette county, Judge Ralph Adam Fine presiding.

There are two issues before us on review. First, should criminal proceedings against a defendant abate ab initio when the defendant commits suicide while pursuing postconviction relief? Second, if the doctrine of abatement does not apply when…