United States v. Henry J. Askew, Jr.

Fifth Circuit

United States v. Henry J. Askew, Jr.

441 F.2d 258, 1971 U.S. App. LEXIS 10936

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 5, 1971

Docket29807_1

StatusPublished

Cited by7 cases

This text of 441 F.2d 258 (United States v. Henry J. Askew, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Henry J. Askew, Jr., 441 F.2d 258, 1971 U.S. App. LEXIS 10936 (5th Cir. 1971).

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Opinion

PER CURIAM:

On this appeal Henry J. Askew contended his Sixth Amendment right to a speedy trial was violated in his conviction for filing false federal income tax returns. However, while the appeal was pending, Askew died. Since a criminal prosecution abates ab initio upon the death of an appellant, the case must be remanded with directions to the district court to vacate the judgment and dismiss the indictment. Durham v. United States, 1971, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200; Daniel v. United States, 5 Cir., 1959, 268 F.2d 849; Crooker v. United States, 8 Cir., 1963, 325 F.2d 318; D’Argento v. United States, 9 Cir., 1965, 353 F.2d 327.

Remanded with directions.

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PER CURIAM:

On this appeal Henry J. Askew contended his Sixth Amendment right to a speedy trial was violated in his conviction for filing false federal income tax returns. However, while the appeal was pending, Askew died. Since a criminal prosecution abates ab initio upon the death of an appellant, the case must be remanded with directions to the district court to vacate the judgment and dismiss the indictment. Durham v. United States, 1971, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200; Daniel v. United States, 5 Cir., 1959, 268 F.2d 849; Crooker v. United States, 8 Cir., 1963, 325 F.2d 318; D’Argento v. United States, 9 Cir., 1965, 353 F.2d 327.

Remanded with directions.

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441 F.2d 258, 1971 U.S. App. LEXIS 10936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-henry-j-askew-jr-ca5-1971.

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