Alaska Supreme Court

State of Alaska, Petitioner v. John T. Carlin Iii, Respondent; Jimmie Dale, Petitioner, v. State of Alaska, Respondent

March 25, 20112011 Alas. LEXIS 18

Summary

The court abandoned the rule that a deceased criminal defendant's conviction automatically abates from the beginning of the prosecution. It held that a conviction remains intact when a defendant dies after filing an appeal, or after a petition for discretionary review has been granted, unless the defendant's personal representative elects to continue the appeal through substitution. The court rejected dismissal for lack of jurisdiction or mootness and issued different dispositions for the two consolidated matters.