Alaska Supreme Court
State v. Carlin
March 25, 2011249 P.3d 752
Summary
The court overruled its prior rule requiring abatement of a criminal conviction when the defendant dies during a pending appeal. It held that the conviction remains intact unless the defendant's personal representative elects to substitute into and continue the appeal, because this approach better balances defendants' appellate rights with victims' and community interests. The court reversed and remanded in Carlin and denied dismissal and abatement in Dale, allowing 60 days for substitution. No separate opinions were filed.