Monday, November 16, 2020

US v. Robertson, No. 19-30237 (11-12-20)(Stearns w/Bybee & Collins). The appellant died while his case was on cert. The trial court, after his first trial had hung, found that the defendant had assets to help pay for counsel. The court had ordered him to reimburse CJA counsel. Does the obligation survive the appellant’s death, and dismissal of the charges? Can a defendant (appellant’s estate) still be ordered to pay CJA counsel reimbursement?  Yes, holds the 9th. Death is no excuse; dismissal does not relieve the obligation. Although his convictions are vacated; his restitution and special assessments refunded; still, even beyond the grave, he must pay CJA reimbursement. The 9th reasons that the obligation, via an order after a first trial hung, was not abated by an indictment’s dismissal. The CJA order is a final one, and it is beyond the application of the ab initio rule. So, things that are now certain: death, taxes, and CJA reimbursement.

The decision is here:


Post a Comment

<< Home