2014 CO 48
Colo.2014Background
- Griffin died while his case was pending direct/direct-reviewing appellate certiorari after his conviction for failure to register as a sex offender.
- The People sought to abate ab initio (dismiss the case as if never begun) but the court vacated that order and dismissed the certiorari petition instead of abating.
- Colorado doctrines on abatement ab initio are debated; the court distinguishes certiorari review from direct appeal.
- Historically, Overland Cotton Mill Co. and Crowley v. People support abatement ab initio; but the court declines extension to certiorari review.
- The court holds that abatement ab initio does not apply to cases pending certiorari review and dismisses the petition; the Court of Appeals’ vacatur of Griffin’s conviction remains intact.
- Issues framed for review included residence under the Sex Offender Registration Act and sufficiency of the continuing-offense conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abatement ab initio applicability on certiorari review | Griffin argued abatement ab initio should vacate all proceedings. | People argued for continued resolution on the questions certified. | Abatement ab initio does not apply; petition dismissed. |
| Whether residence is established by physical presence under the Act | Griffin's position on residence requirements is challenged on appeal. | People contend the court should address the residence issue on review. | Not resolved; petition dismissed; issue potentially moot. |
Key Cases Cited
- Overland Cotton Mill Co. v. People, 82 Colo. 263 (1904) (ab initio abatement grounded in punishment enforcement)
- Crowley v. People, 223 P.2d 387 (1950) (death ends enforcement of punishment; supports abatement logic)
- United States v. Estate of Parsons, 367 F.3d 409 (5th Cir. 2004) (ab initio doctrine rooted in common law)
- People v. Daly, 313 P.3d 571 (Colo. App. 2001) (defendant's death does not warrant ab initio abatement post-direct appeal)
- Valdez, 911 P.2d 703 (Colo. App. 1996) (abandonment of ab initio for certiorari context; due process considerations)
- People v. Lippoldt, 902 P.2d 852 (Colo. App. 1995) (abatement not extended to discretionary review context)
- People v. Mazzone, 383 N.E.2d 947 (Ill. 1978) (illustrates abatement ab initio after petition granted)
- State v. Hakala, No. A08-0215, Order (Minn. 2010) (abatement context in discretionary review cited)
- State v. Griffin, 592 P.2d 372 (Ariz. 1979) (mootness due to death; state interests in punishment moot)