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Fall River, Massachusetts (CNN)Former New England Patriots star Aaron Hernandez looked on impassively Wednesday as he was sentenced to life without the possibility of parole, a new low for a young man ....
What is abatement ab initio ? According to Oklahoma Bar Association, The doctrine of abatement ab initio applies when a convicted defendant, like Hernandez, dies before his appeal rights are fully exhausted. When applicable, the doctrine wipes clean the defendant’s slate, as though the indictment, conviction and punishment never happened.2 For example, if as a result of a conviction, a criminal fine had been levied but not collected, abatement ab initio makes the obligation to pay go away.3 The converse, however, is not true. When a defendant dies before exhausting his appeal rights but after having already paid costs, fines and restitution as a result of his conviction, despite the conviction being wiped clean, the deceased’s estate has no right to recoup the money previously paid.4 Until now.. ....