Perna Case. The Govt in this case quietly filed a Suggestion of Death pleading & asked for the case to be "abated," which means completely dismissed. Link:
drive.google.com/file/d/1g5sY-Q…
drive.google.com/file/d/1g5sY-Q…
Sad to say that if defendants file a Suggestion the courts usually demand proof in the form of a death certificate. But, if the Govt files, the courts are inclined to simply grant the abatement, which Judge Bates did in this case by Minute Order.
drive.google.com/file/d/1FTyie2…
drive.google.com/file/d/1FTyie2…
Regarding this procedure, which applies even if the case was up on appeal or on a pending cert petition after a conviction, the Supreme Court has said:
“[O]n death of the convicted petitioner, the ‘cause has abated.’
. . .
“[O]n death of the convicted petitioner, the ‘cause has abated.’
. . .
The unanimity of the lower federal courts . . . is impressive. . . [T]hey have adopted the correct rule. . . . The judgment below is vacated, and the case is remanded to the District Court with directions to dismiss the indictment.
Durham v. United States, 401 U.S. 481 (1971).
Durham v. United States, 401 U.S. 481 (1971).
The procedure here is technically inadequate, however. The death caused the abatement. Abatement isn't a legal status of a criminal charge.
As the Supremes said, the proper order for the Govt to seek & for the court to enter is a DISMISSAL of the indictment.
As the Supremes said, the proper order for the Govt to seek & for the court to enter is a DISMISSAL of the indictment.
The Govt cited the Durham case in its pleading, but somehow DOJ still couldn't come up w/the right relief to ask for, or maybe just couldn't bring itself to actually ask for a dismissal. I'm not sure whether to say that is pathetic or weaselly, but it's inadequate for sure.
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