United States Third Circuit

When a convicted defendant dies after filing an appropriate appeal but before it is adjudicated, the conviction is abated and the indictment will be dismissed. However, if he had a claim for restitution, his personal representative may prosecute the appeal on that phase of the case.

Appellate Information

• Argued 07/30/2001
• Decided 11/20/2001
• Published 11/21/2001

Judges

• Before:  BECKER, Chief Judge, McKEE and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mark A. Berman (Argued), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Counsel for Appellant.


• For Appellees:
  
• George S. Leone (Argued), Chief, Appeals Division, Robert J. Cleary, United States Attorney, Newark, NJ, Counsel for Appellee.