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Started By
Message
re: Patriots now might owe Aaron Hernandez's estate millions
Posted on 4/21/17 at 7:46 am to slackster
Posted on 4/21/17 at 7:46 am to slackster
quote:
Abatement ab initio means “from the beginning,” Healy said, and it means that upon a person’s death, if they have not exhausted their legal appeals, their case reverts to its status at the beginning — it’s as if the trial and conviction never happened.
Wait, what?
Everyone who dies in jail (assuming this is only in Massachusetts?) who hasn't had their case reach the supreme court (aka exhausted their legal appeals?) is now considered not guilty?
Am I interpreting that correctly? Holy wow if so.
3
Posted on 4/21/17 at 7:53 am to FootballNostradamus
quote:
Am I interpreting that correctly? Holy wow if so.
I believe his initial conviction is currently under appeal.
Someone that's in jail/prison and that isn't currently appealing a court decision probably (I would hope) wouldn't qualify.
Posted on 4/21/17 at 7:56 am to FootballNostradamus
quote:
Am I interpreting that correctly?
No.
Posted on 4/21/17 at 9:25 am to FootballNostradamus
quote:
Everyone who dies in jail (assuming this is only in Massachusetts?) who hasn't had their case reach the supreme court (aka exhausted their legal appeals?) is now considered not guilty? Am I interpreting that correctly? Holy wow if so.
True.
There was a more famous defendant that ended up in the same boat out of the Federal system--Kenneth Lay, the former Chairman and CEO of Enron. He was convicted on 10 counts of securities fraud, but before sentencing he died of a heart attack. His convictions were subsequently vacated on the same basis.
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