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A defendant who dies of natural causes while their appeal is pending no longer has an obligation to pay restitution to their victims, the Colorado Supreme Court decided on Monday.
A defendant who dies of natural causes while their appeal is pending no longer has an obligation to pay restitution to their victims, the Colorado Supreme Court decided on Monday.
Is a dead person still required to pay restitution to his victim? That is the question the Colorado Supreme Court will take up, after announcing on Monday it will hear a matter involving a criminal defendant who died during his appeal, prompting a lower court to expunge the entire case, including a restitution order. Known as “abatement ab initio,” the legal doctrine results in defendants having no charges on their record if they happen to die after a conviction, but before the final outcome of their appeal. The origins of the doctrine are unclear, and some states have never honored it, w...
Today Mainly clear. Low 37F. NNW winds at 15 to 25 mph, decreasing to 5 to 10 mph. Winds could occasionally gust over 40 mph.. Tonight Mainly clear. Low 37F. NNW winds at 15 to 25 mph, decreasing to 5 to 10 mph. Winds could occasionally gust over 40 mph. Updated: April 7, 2021 @ 3:14 pm