United States v. Sonny Wilcox
This text of 783 F.2d 44 (United States v. Sonny Wilcox) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
It has come to this Court’s attention that appellant Sonny Wilcox died on June 9, 1985, subsequent to oral argument in this case and prior to the filing of the decision of this Court. Appellant’s Petition for Rehearing En Banc, p. 1.
Where a defendant in a criminal case dies while the case is pending on direct appeal, the case abates and the action must be remanded to the district court to dismiss the indictment. Durham v. United States, 401 U.S. 481, 483, 91 S.Ct. 858, 860, 28 L.Ed.2d 200 (1971); United States v. Toney, 527 F.2d 716, 720 (6th Cir.1975).
Accordingly, it is ORDERED that the previous decision and judgment of this Court is VACATED, and the case is REMANDED to the district court with instructions to dismiss the indictment.
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Cite This Page — Counsel Stack
783 F.2d 44, 1986 U.S. App. LEXIS 21609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sonny-wilcox-ca6-1986.