United States v. Edward C. Pogue, III

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that an appellate court must vacate the conviction of a defendant who dies while an appeal is pending, regardless of whether the appeal would have been successful
• rejecting arguments against abatement ab initio even when the conviction is based on a guilty plea
• “The abatement rule applies when a direct appeal is pending at the time of appellant’s death.” (emphasis in original)
• \'[T]he interests of justice ordinarily require that [a defendant] not stand convicted without resolution of the merits' of an appeal.\ (quoting United States v. Moehlenkamp, 557 F.2d 126, 128 (7th Cir. 1977))
• “[AJppellant had filed a timely appeal before his death; the appeal was not withdrawn; and, had he lived, appellant could have challenged the plea agreement and the underlying conviction, his sentence and/or the terms of the restitution.” (emphasis added)
• “[A]ppellant had filed a timely appeal before his death; the appeal was not withdrawn; and, had he lived, appellant could have challenged the plea agreement and the underlying conviction, his sentence and/or the terms of the restitution.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).