Tuesday, July 30, 2013
The Nevada Supreme Court has held that an attorney lacks authority to file a substantive motion on behalf of a deceased client when no personal representative has been substituted as a party to an appeal.
The client was convicted of conspiracy to commit kidnapping and murder, first-degree kidnapping and first-degree murder. He was killed in prison before his appeal was decided.
The attorney then filed a suggestion of death and motion to abate the conviction and remand with instructions to dismiss.
The court noted the procedures which require appointment of a personal representative to substitute for a deceased party. Further, the court allowed 90 days for substitution through a personal representative. If that does not occur, the appeal will be dismissed.
Brass v. State can be found at this link. (Mike Frisch)