What is the effect of the death of a defendant in a criminal case?

California, United States of America


The following excerpt is from Avant v. The Superior Court of Santa Clara Cty., 79 Cal.App.4th 876, 94 Cal.Rptr.2d 505 (Cal. App. 2000):

On the first additional factor, there is hardly a question of the interest of Nequist in proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to Nequist of a delay. To require Nequist to wait for the result of the related criminal action "would increase the danger of prejudice resulting from the loss of evidence, including the inability of witnesses to recall specific facts, or the possible death of a party." (Clinton v. Jones (1997) 520 U.S. 681, 707-708.)

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