· 4/27/1993
United States v. Melba Asset, Deceased, Garland Jarvis, of the Estate of Deceased Melba Asset
Citations
- 990 F.2d 208
- 1993 U.S. App. LEXIS 9513
- 1993 WL 129798
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \The rule of abatement has never been applied to require the return of money paid by a defendant prior to his death....\
- \The rule of abatement has never been applied to require the return of money paid by a defendant prior to his death....\
- “[T]he courts have consistently interpreted the abatement principle to apply only to penal aspects of the criminal proceeding.”
- “It is well established in this circuit that the death of a criminal defendant pending an appeal of his of her case abates, ab initio, the entire criminal proceeding.”
- “The rule of abatement has never been applied to require the return of money paid by a defendant prior to Ms death and has, in fact, been held inapplicable to fines— obviously penal—paid by a defendant before his death.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Jolly, Lee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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