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Doctrine

Abatement ab initio

Criminal Law and Procedure Doctrine

Abatement ab initio, Latin for from the beginning, is a common law doctrine holding that the death of a defendant who is appealing a criminal conviction extinguishes the entire criminal proceeding against that defendant, from the original indictment through the conviction itself, as though it had never occurred. In the United States, the doctrine was extended by the Supreme Court's 1971 decision in Durham v. United States to cases where a petition for certiorari review was still pending, while the Court's 1976 decision in Dove v. United States excluded discretionary appeals from the doctrine's reach. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Core Principle
The death of a defendant appealing a criminal conviction extinguishes the whole criminal proceeding, from indictment through conviction. 2
Classification
Doctrine Category
Criminal Law 1
Connections

In Area Of Law

Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.

In Legal System

Source Abatement ab initio (Wikipedia)
Sources
1. Wikipedia: Abatement ab initio
a common law legal doctrine that states the death of a defendant who is appealing a criminal conviction extinguishes all criminal proceedingsView the Source
2. Abatement ab initio (Wikipedia)
  • Lead paragraph
    The death of a defendant who is appealing a criminal conviction extinguishes all criminal proceedings initiated against that defendant from indictment through conviction.
  • In Legal System: Common Law, Wikipedia lead sentence
    Abatement ab initio (Latin for "from the beginning") is a common law legal doctrine that states that the death of a defendant who is appealing a crimi
View the Source
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