State v. Hollister
Annotate this CaseDefendant was convicted of capital murder and filed a direct appeal before passing away. At issue was whether defendant's death made the appeal moot. In Kansas, the death of a criminal defendant does not automatically abate a defendant's appeal. The court held, however, that this nonabatement rule does not require the court to consider all issues in an appeal. Rather, an appellate court should consider whether an issue: (1) is of statewide interest and of the nature that public policy demands a decision, such as those issues that would exonerate the defendant; (2) remains a real controversy; or (3) is capable of repetition. In this case, the only issue that meets this criteria is an issue that might clear defendant's name, specifically his claim that the evidence was insufficient to support his conviction. The court found no merit to that issue and affirmed the conviction. Because the remaining issues are moot, the court dismissed the remainder of the appeal.
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