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1 | | (a) Any party who learns of the death of a defendant in a |
2 | | criminal case that is pending on an appeal by the defendant |
3 | | shall notify the court and all other parties of the death |
4 | | within 28 days after learning of the death. Any party may move |
5 | | to dismiss the appeal. |
6 | | (1) If the appeal is from a judgment of conviction and |
7 | | sentence, the party filing the notice also may, |
8 | | concurrently with filing the notice of the defendant's |
9 | | death, file a memorandum addressing whether the court |
10 | | should dismiss the appeal or vacate the judgment, or both. |
11 | | Within 28 days after the filing of the notice of the |
12 | | defendant's death, any other party or interested person may |
13 | | file a memorandum addressing the same issues. |
14 | | (2) The following are presumptive dispositions under |
15 | | this subsection: |
16 | | (A) If the defendant has made an assignment of |
17 | | error that, if successful, would result in reversal of |
18 | | the conviction, the court shall vacate the judgment and |
19 | | dismiss the appeal. |
20 | | (B) If the defendant has assigned error only to a |
21 | | part of the sentence other than a monetary provision, |
22 | | the court shall dismiss the appeal but shall not vacate |
23 | | the judgment. |
24 | | (C) If the defendant has assigned error to a |
25 | | monetary provision of the sentence, the court shall |
26 | | dismiss the appeal and vacate the challenged monetary |
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1 | | provision, but shall not vacate the remainder of the |
2 | | judgment. |
3 | | (D) Notwithstanding subparagraphs (A), (B), and |
4 | | (C) of this paragraph (2), if the defendant dies after |
5 | | issuance of an appellate court decision affirming the |
6 | | judgment and after all right to petition for review has |
7 | | expired, the court shall dismiss the appeal but shall |
8 | | not vacate the judgment. |
9 | | (b) If a defendant in a criminal case, a petitioner in a |
10 | | post-conviction relief proceeding, a plaintiff in a habeas |
11 | | corpus proceeding, a petitioner in a parole review proceeding, |
12 | | or a petitioner in a prison disciplinary case, on appeal of an |
13 | | adverse decision, escapes or absconds from custody or |
14 | | supervision, the respondent on appeal may move for dismissal of |
15 | | the appeal. If the appellant is not in custody or under |
16 | | supervision at the time the motion is decided by the court, the |
17 | | court may dismiss the appeal or judicial review.
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18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.".
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