Abatement ab initio

Abatement ab initio is a common law legal doctrine that states that the death of a defendant who is appealing a criminal conviction vacates the conviction. Abatement ab initio was the subject of two United States Supreme Court decisions, Durham v. United States (1971) and Dove v. United States (1976). The former extended the doctrine to cases where certiorari was pending and not yet granted, and the latter excluded discretionary appeals.^[1]

Abatement ab initio was used to overturn the convictions of John Salvi, Kenneth Lay, and Aaron Hernandez.

References

↑ Abatement AB Initio and a Crime Victim’s Right to Restitution

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[1] Abatement AB Initio and a Crime Victim’s Right to Restitution