State of Arizona v. Richard J. Glassel

Chief Justice BERCH,

opinion of the Court.

¶ 1 In State v. Griffin, 121 Ariz. 538, 592 P.2d 372 (1979), the Court held that when a convicted defendant dies before his direct appeal is decided, the death abates the prosecution from the outset, and the conviction is set aside. Today, we hold that Griffin’s doctrine of abatement ab initio does not apply when a defendant dies after his conviction is affirmed, but while post-conviction relief proceedings are pending.

I. BACKGROUND

¶ 2 A jury found Richard J. Glassel guilty of two counts of first degree murder and thirty counts of attempted first…