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BEVEL v. COM.

Record Nos. 102246, 102323.

717 S.E.2d 789 (2011)

James Luther BEVEL v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 4, 2011.

Attorney(s) appearing for the Case

Bonnie H. Hoffman , Deputy Public Defender, for appellant.

Virginia B. Theisen , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, MIMS, and McCLANAHAN, JJ., and KOONTZ, S.J.

Opinion by Senior Justice LAWRENCE L. KOONTZ, JR.

In these appeals, we consider what effect the death of a convicted criminal defendant has on a pending appeal and the underlying criminal prosecution. Our consideration of these issues invokes the determination of the extent of the application of the so-called "abatement doctrine" in such instances under the law of Virginia. We have not addressed this issue previously in a reported opinion.

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