Legal Opinion
United States v. Rick Pauline
Court of Appeals for the Fifth Circuit
Decided September 12, 1980No. 78-5701PublishedCited by 73 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
When a defendant dies pending direct appeal of his criminal conviction it for many years has been the unanimous view of the lower federal courts 1 and the vast majority of state courts 2 that not only the appeal but also all proceedings had in the prosecution from its inception are abated. In years past, we followed that rule of abatement ab initio: we dismissed the appeal and remanded to the District Court with directions to vacate the judgment and dismiss the indictment. 3 Abatement of the entire course of the proceedings has several significant effects: if the…
2Cases cited23 opinions
- Griffin v. IllinoisSupreme Court of the United States · 1956
- 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
- Dorothy Crooker v. United StatesCourt of Appeals for the Eighth Circuit · 1963
18 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- United States v. RiccobeneCourt of Appeals for the Third Circuit · 1983
- United States v. Robert Dibernardo and Theodore RothsteinCourt of Appeals for the Eleventh Circuit · 1989
- United States v. William DudleyCourt of Appeals for the Fourth Circuit · 1984
- United States v. Marcel Raymond OberlinCourt of Appeals for the Ninth Circuit · 1983
- United States v. Stanley Mollica and Marie Cirillo, United States of America, Appellee-Cross-Appellant v. Marie Cirillo, Cross-AppelleeCourt of Appeals for the Second Circuit · 1988
68 more not listed; retrieve them via the Exa API.