Wednesday, December 26, 2012

No Criminal Opinions, but the Court Chases the Grim Reaper

The court issued no criminal opinions today.  It did, however, grant review of a court of appeals "Order Opinion," State v. Burrell.  When you get to the link, scroll down to the bottom and click on "Opinion - Order Opinion".  

You should know that Mr. Burrell is dead; he died after he was convicted of aggravated forgery but before the court of appeals could rule on his appeal.  (Lest you're wondering, this appears to be Mr. Burrell's one and only felony conviction.)  Upon learning of Mr. Burrell's passing, his appellate attorney moved to undo the whole thing, filing a "motion for abatement ab initio."  If granted, it would nullify the whole thing, including the conviction.  

The court of appeals has taken umbrage with this notion, suggesting that it tramples on "victim's rights."  So, the court denied the abatement motion and dismissed the appeal, effectively leaving the conviction intact.  Now the supreme court has taken up the issue, reaching down into poor Mr. Burrell's very coffin to decide what to do with that conviction.  


No comments:

Post a Comment