Legal Opinion
United States v. Libous
Court of Appeals for the Second Circuit
Decided May 30, 2017No. Docket No. 15-3979PublishedCited by 16 opinions
1Opinion of the Court
KATZMANN, Chief Judge:
Under the well-established doctrine of abatement ab initio, when a convicted defendant dies pending an appeal as of right, his conviction abates, the underlying indictment is dismissed, and his estate is relieved of any obligation to pay a criminal fine imposed at sentence. In this case, we are asked to decide whether, under the doctrine of abatement, a defendant’s estate is also entitled to the return of a criminal fine that the defendant paid before his death. We hold that it is.
Background
On July 22, 2015, a federal jury convicted former New York State Senator Thomas…
2Cases cited12 opinions
- Nelson v. ColoradoSupreme Court of the United States · 2017
- United States v. Anthony C. Zizzo, James J. Marcello, Richard Gervasio, Anthony N. Chiaramonti, Brett K. O'dell, and Samuel A. CarlisiCourt of Appeals for the Seventh Circuit · 1997
- United States v. Rick PaulineCourt of Appeals for the Fifth Circuit · 1980
- United States v. Kay Wright and Leslie Wright, AKA Leslie White, Les WhiteCourt of Appeals for the Second Circuit · 1998
- United States v. Nelson Logal, Aarid Dahod, A.K.A. Aarid Mansur Dahodwala, John KuczekCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by16 opinions
- Commonwealth v. HernandezMassachusetts Supreme Judicial Court · 2019
- United States v. BrooksCourt of Appeals for the Second Circuit · 2017
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- State v. MoellerSupreme Court of Kansas · 2024
- United States v. MladenCourt of Appeals for the Second Circuit · 2020
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