- Joined
- Mar 2, 2014
- Messages
- 8,683
- Reaction score
- 124,890
Doing some reading on this, since others have died by suicide after conviction, but prior to sentencing. Michael Marin, Edward Leclair, Jeffrey Ferris all died in the courthouse or jail immediately after conviction.His Guilty Plea was signed off by the State on 10/20 & accepted by the court on 10/22. It included his sentencing perimeters. I’m not sure I understand why the conviction wouldn’t stand now that he won’t be sentenced which was basically a formality.
It appears that there is a legal concept call abatement ab initio, where a sentence is vacated if an appeal hasn’t been completed.
Ken Lay of Enron’s conviction was vacated, as he died of a heart attack and therefore was not alive to be sentenced, nor could pursue an appeal of his guilty verdict.
Aaron Hernandez died while appealing, and initially had his conviction vacated, but it was later reinstated.
I don’t know if the concept applies in the Scholtes case as he plead guilty. Did his plea agreement explicitly state no appeals could be made?
Michael Marin was in Maricopa County, Arizona. I wonder if his conviction was upheld?
Maybe one of our verified attorney members will weigh in.
Michael Marin, Arizona man, dies moments after being convicted in arson case
A video recording of Michael Marin's last moments in court has some officials wonder whether his death was a suicide
Judge Throws Out Kenneth Lay’s Conviction (Published 2006)
Federal District Judge Simeon Lake 3d voids fraud and conspiracy conviction of former Enron executive Kenneth Lay, who died in July, ruling Lay cannot pursue appeal; decision, which was expected, prevents government from trying to seize more than $43.5 million from Lay's estate that prosecutors...
Last edited: