Legal Opinion

United States v. Marcel Raymond Oberlin

Court of Appeals for the Ninth Circuit

Decided October 4, 1983No. 82-1620PublishedCited by 71 opinions

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

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. Schreiber v. SharplessSupreme Court of the United States · 1884
  3. Durham v. United StatesSupreme Court of the United States · 1971
  4. Dove v. United StatesSupreme Court of the United States · 1976
  5. United States v. Charles E. MoehlenkampCourt of Appeals for the Seventh Circuit · 1977

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3Cited by71 opinions

  1. United States v. Randy Lamont Patterson AKA Randy Brown, Marcus Wayne Edmundson, Tony Burton, Don Grogans, and Billy Ray BrownCourt of Appeals for the Ninth Circuit · 1987
  2. United States v. Ronald v. CloudCourt of Appeals for the Ninth Circuit · 1989
  3. United States v. William DudleyCourt of Appeals for the Fourth Circuit · 1984
  4. United States v. Kay Wright and Leslie Wright, AKA Leslie White, Les WhiteCourt of Appeals for the Second Circuit · 1998
  5. Jones v. StateCourt of Appeals of Maryland · 1985

66 more not listed; retrieve them via the Exa API.

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