State v. McGettrick

Former Judge McGettrick, a convicted criminal defendant, died while the appeal of his conviction was pending. We are now called upon to decide what effect, if any, his death had on both the pending appeal and the original conviction.

Appellant state of Ohio contends that appellee’s death moots the appeal, yet leaves the judgment of the trial court in full force and effect.2 Conversely, appellee’s counsel asserts, and the court of appeals held, that the death not only moots the appeal, but additionally abates ab initio all proceedings involved in the criminal prosecution.3

To hold as the…