325 P.3d 1256
Nev.2014Background
- Ronnie Danelle Brass was convicted and appealed to the Nevada Supreme Court; the appeal was docketed and fully briefed and argued en banc on December 3, 2012.
- Brass died on March 22, 2012; counsel filed a Suggestion of Death and a motion to abate the conviction ab initio on his behalf.
- The court initially denied abatement and remanded for a limited period to identify Brass’s proper personal representative and permit substitution (order allowed 90 days to determine representative and move for substitution).
- Stephanie Brass was later substituted as personal representative and filed a renewed motion to abate the judgment of conviction, or alternatively to reverse and remand, relying on Brass (Jermaine) v. State.
- The Nevada Supreme Court, en banc, denied the abatement request and issued a final disposition reversing the underlying conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a criminal conviction must be abated ab initio upon the defendant’s death while direct appeal is pending | Brass (through personal representative) argued the appeal should be abated ab initio (vacating conviction) under the reasoning of Brass (Jermaine) v. State | State opposed abatement and urged the appeal proceed or be resolved without abatement | Court denied the motion to abate (initially remanded to allow substitution); after substitution, the court denied abatement and ultimately reversed the conviction |
| Whether substitution of a personal representative could and should be allowed to pursue postmortem abatement | Stephanie sought substitution to pursue abatement or reversal under NRAP procedures | State opposed abatement but the record shows substitution was permitted so representative could act | Court allowed substitution of Stephanie Brass as personal representative and permitted her to file motions; ultimately denied abatement on the merits but reversed the conviction on final disposition |
Key Cases Cited
- Brass (Jermaine) v. State, 291 P.3d 145 (Nev. 2012) (addressing the effect of a defendant’s death on a pending direct appeal and abatement principles)