Eleventh Circuit Court of Appeals - Published Opinions
Wednesday, February 21, 2007
Koblan: Death moots appeal
In U.S. v. Koblan, No. 05-13038 (Feb. 16, 2007), the Court reaffirmed the rule that, when a criminal defendant dies while an appeal is still pending, the appeal must be dismissed as moot, and the judgment must be vacated by the district court. The Court held that this rule applied even when, as here, the judgment included a sizeable restitution order in favor of the defendant’s victims. The Court noted that the victims could still bring a civil suit against the defendant’s estate. The Court recognized a circuit split on this issue.