United States v. Marcel Raymond Oberlin
Court of Appeals for the Ninth Circuit
1Opinion of the Court
POOLE, Circuit Judge:
Marcel Raymond Oberlin, following a jury trial, was convicted of various counts of drug trafficking and of operating a continuing criminal enterprise. He was sentenced on October 18, 1982. Several hours later he committed suicide. On October 20 judgment was entered and, on the following day, a purported notice of appeal was filed on behalf of Oberlin. Upon a motion to abate Oberlin’s prosecution, filed on the deceased’s behalf by an attorney, we conclude that the cause of action against Oberlin has abated.
Death pending appeal of a criminal conviction abates not only the…
2Cases cited12 opinions
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Schreiber v. SharplessSupreme Court of the United States · 1884
- Durham v. United StatesSupreme Court of the United States · 1971
- Dove v. United StatesSupreme Court of the United States · 1976
- United States v. Charles E. MoehlenkampCourt of Appeals for the Seventh Circuit · 1977
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3Cited by71 opinions
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- United States v. William DudleyCourt of Appeals for the Fourth Circuit · 1984
- United States v. Kay Wright and Leslie Wright, AKA Leslie White, Les WhiteCourt of Appeals for the Second Circuit · 1998
- Jones v. StateCourt of Appeals of Maryland · 1985
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