Howell v. United States

NEWMAN, Chief Judge:

On this rehearing en banc we consider this court’s order of October 8,1981, vacating our opinion of August 4, 1981, 434 A.2d 413, reversing appellant’s conviction following notification of appellant’s death, and dismissing this appeal nunc pro tunc as required by Harvey v. United States, D.C. App., 385 A.2d 36 (1978). We conclude that when an appellant dies pending direct re*1372view of his conviction, the appeal should be dismissed and the entire prosecution abated ab initio, and overrule Harvey and its progeny.

On August 4, 1981, a panel of this court reversed appellant’s…