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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.