Colleen Clase (argued), Daniel L. Miranda , and Jeffrey Johnson of Arizona Voice for Crime Victims, Tempe, for Amici Curiae Duane Lynn, David Lynn, Cathy Morgan, Cindy Bays, Thomas Lynn, Phillip Lynn, and Patricia Wyatt.
Randall S. Udelman , DeFusco & Udelman, P.L.C., Scottsdale, for Amicus Curiae National Crime Victim Law Institute.
Supreme Court of Arizona.
Chief Justice BERCH, opinion of the Court.
¶ 1 In State v. Griffin,121 Ariz. 538, 592 P.2d 372 (1979), the Court held that when a convicted defendant dies before his direct appeal is decided, the death abates the prosecution from the outset, and the conviction is set aside. Today, we hold that Griffin's doctrine of abatement ab initio does not apply when a defendant dies...
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