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There are several interesting features, such as the double-jeopardy exemption, the dismissing with prejudice ability, but one that I find particularly interesting is what happens if you die during an appeal.
Many years ago, around 1994 if I recall correctly, some guy in Phoenix, AZ went nuts at a meeting of the home owner's association of the condo complex where he lived and opened up with a gun. Killed several people. Was convicted and sentences to multiple consecutive life sentences. While in prison, a judge threw out the convictions on appeal, he might have cited prosecutorial misconduct but I might be conflating another case. Anyway, conviction was thrown out. While the prosecutor's office was preparing to put him on trial again, the killer died.
Now, technically I shouldn't call him the killer, even though the evidence was pretty clear cut. Benefit of the doubt, innocent until proven guilty, all that. But since he died while on appeal, technically, he has not been convicted and is totally innocent. A hearing is going to be conducted to see what will be decided about this, but I think they'll have to rule he's innocent. I'm not sure what difference it makes, except for the prosecutor's batting average, I don't think the guy had any heirs.
The same thing happened to Kenneth Lay, the CEO of Enron. He perpetrated a huge fraud upon the country and the State of California in particular, was convicted of ten of eleven counts (the last count was thrown out by the trial judge), but then he died while on vacation while his attorneys were appealing. So technically, he was not convicted of anything. This particular incident had tremendous repercussions because he and his family had lots of assets that creditors to the defunct Enron were going to attach to recover money from. Since he died innocent, I don't think they could attach those assets, I don't know the final outcome of that particular problem.
Many years ago, around 1994 if I recall correctly, some guy in Phoenix, AZ went nuts at a meeting of the home owner's association of the condo complex where he lived and opened up with a gun. Killed several people. Was convicted and sentences to multiple consecutive life sentences. While in prison, a judge threw out the convictions on appeal, he might have cited prosecutorial misconduct but I might be conflating another case. Anyway, conviction was thrown out. While the prosecutor's office was preparing to put him on trial again, the killer died.
Now, technically I shouldn't call him the killer, even though the evidence was pretty clear cut. Benefit of the doubt, innocent until proven guilty, all that. But since he died while on appeal, technically, he has not been convicted and is totally innocent. A hearing is going to be conducted to see what will be decided about this, but I think they'll have to rule he's innocent. I'm not sure what difference it makes, except for the prosecutor's batting average, I don't think the guy had any heirs.
The same thing happened to Kenneth Lay, the CEO of Enron. He perpetrated a huge fraud upon the country and the State of California in particular, was convicted of ten of eleven counts (the last count was thrown out by the trial judge), but then he died while on vacation while his attorneys were appealing. So technically, he was not convicted of anything. This particular incident had tremendous repercussions because he and his family had lots of assets that creditors to the defunct Enron were going to attach to recover money from. Since he died innocent, I don't think they could attach those assets, I don't know the final outcome of that particular problem.
