Fifth Circuit Repeats - Death Erases Conviction

Not surprisingly, the Fifth Circuit Court of Appeals reaffirmed the vacating of Ken Lay's conviction, as a result of his death. (see Houston Chronicle here, Wall Street Jrl. Blog here).  The Houston Chronicle reports that the court held, as the district court had, that "when a defendant who has been found guilty of a federal crime dies before exhaustion of his appeal, his prosecution must be abated, his conviction vacated and his indictment dismissed."

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