State v. Bixby

Court of Appeals of South Carolina

State v. Bixby

723 S.E.2d 841, 397 S.C. 154

CourtCourt of Appeals of South Carolina

DecidedOctober 19, 2011

DocketNot in source

StatusPublished

Cited by2 cases

This text of 723 S.E.2d 841 (State v. Bixby) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bixby, 723 S.E.2d 841, 397 S.C. 154 (S.C. Ct. App. 2011).

Pincite

Opinion

397 S.C. 154 (2011) 723 S.E.2d 841

The STATE, Respondent,
v.
Rita G. BIXBY, Appellant.

Not in source.

Court of Appeals of South Carolina.

Decided October 19, 2011.

ORDER

This order addresses Appellant's motion to abate her case ab initio and withdraw opinion number 4768, refiled August 10, 2011. After a careful consideration of the motion, the Court finds Appellant passed away while her petition for rehearing was pending. Hence, the Court grants Appellant's request to abate the appeal and withdraw the opinion. However, the Court declines to find the abatement should be ab initio. See State v. Anderson, 281 S.C. 198, 199, 314 S.E.2d 597, 597 (1984) ("[T]he death of a criminal appellant, prior to *155 the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal.").

/s/ John C. Few, C.J. /s/ Paula H. Thomas, J. /s/ Daniel F. Pieper, J.

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397 S.C. 154 (2011) 723 S.E.2d 841

The STATE, Respondent,
v.
Rita G. BIXBY, Appellant.

Not in source.

Court of Appeals of South Carolina.

Decided October 19, 2011.

ORDER

This order addresses Appellant's motion to abate her case ab initio and withdraw opinion number 4768, refiled August 10, 2011. After a careful consideration of the motion, the Court finds Appellant passed away while her petition for rehearing was pending. Hence, the Court grants Appellant's request to abate the appeal and withdraw the opinion. However, the Court declines to find the abatement should be ab initio. See State v. Anderson, 281 S.C. 198, 199, 314 S.E.2d 597, 597 (1984) ("[T]he death of a criminal appellant, prior to *155 the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal.").

/s/ John C. Few, C.J. /s/ Paula H. Thomas, J. /s/ Daniel F. Pieper, J.

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Bluebook (online)

723 S.E.2d 841, 397 S.C. 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bixby-scctapp-2011.

Opinion

The STATE, Respondent, v. Rita G. BIXBY, Appellant.

ORDER

Related

Cite This Page — Counsel Stack

The STATE, Respondent,
v.
Rita G. BIXBY, Appellant.