Jackson v. State, 89-2982
| Decision Date | 03 April 1990 |
| Docket Number | No. 89-2982,89-2982 |
| Citation | 559 So.2d 320 |
| Parties | 15 Fla. L. Weekly D867 Harry Clarence JACKSON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Norman Gersten, Judge.
Harry Clarence Jackson, in pro. per.
Robert A. Butterworth, Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
This is an appeal from the denial of an application for habeas corpus challenging a previous criminal conviction. The trial court based its determination on the ground that the petition was an unauthorized substitute for a Rule 3.850 motion which Jackson had not timely filed. During the pendency of this appeal, Jackson died in prison. On this ground, the appeal is dismissed.
The courts of Florida have uniformly held that the death of a defendant, during the course of and prior to the disposition of a direct appeal from his conviction, results in an ab initio abatement of the prosecution in the trial and appellate courts. Parker v. State, 530 So.2d 1084 (Fla. 3d DCA 1988); see also, Kearns v. State, 536 So.2d 1187 (Fla. 5th DCA 1989); D.R. v. State, 541 So.2d 1202 (Fla. 3d DCA 1988). This rule is not applicable here where the conviction has become final and only a collateral attack upon it is involved. In this circumstance, we conclude that the controlling analogy is the principle that a death during the pendency of a petition for writ of certiorari in the Supreme Court seeking review of an affirmance of a conviction on the merits results in the outright dismissal of that proceeding. See Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976); United States v. Pauline, 625 F.2d 684 (5th Cir.1980). Accordingly, this appeal is Dismissed.
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1997 -NMSC- 44, State v. Salazar
...rule is that the prosecution abates from the inception of the case upon death of a criminal defendant. See, e.g., Jackson v. State, 559 So.2d 320, 321 (Fla.Dist.Ct.App.1990); Gollott v. State, 646 So.2d 1297, 1299 (Miss.1994); People v. Matteson, 75 N.Y.2d 745, 551 N.Y.S.2d 890, 891, 551 N.......
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State v. Dalman
...that no actual controversy is left to be determined. Id. In this case, the death of the appellant moots this appeal. 1 Jackson v. State, 559 So.2d 320 (Fla.App.1990); see generally Annotation, Comment Note--When Criminal Case Becomes Moot so as to Preclude Review of or Attack on Conviction ......
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Com. v. De La Zerda
...done so have generally dismissed or abated the appeal but have refused to abate the entire prosecution. See, e.g., Jackson v. State, 559 So.2d 320, 321 (Fla.Dist.Ct.App.1990) (appeal from denial of application for habeas corpus); Vick v. Ault, 230 Ga. 204, 196 S.E.2d 401 (1973) (appeal from......
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...a defendant dies pending resolution of his or her appeal. See Carstens v. State, 638 So.2d 630 (Fla. 4th DCA 1994); Jackson v. State, 559 So.2d 320 (Fla. 3d DCA 1990); Kearns v. State, 536 So.2d 1187 (Fla. 5th DCA 1989); D.R. v. State, 541 So.2d 1202 (Fla. 2d DCA 1988); Parker v. State, 530......