State v. Morrell

In footnote 1 of its opinion, the majority states that “[ajlthough Morrell has died while this appeal was pending, the case is not moot, as the issue involved is capable of repetition yet evading review. [Cits.]” However, the majority does not further explain its conclusion that this case is not moot. I agree that this appeal has not been mooted by Morrell’s death, and write separately to set forth in more detail the reason why.

As a general rule, the death of a criminal defendant during the pendency of his appeal renders the case moot. Dorsey v. State, 272 Ga. 283 (528 SE2d 257) (2000).…