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Home / Opinion Digests / Criminal Law / No Abatement of Incest Conviction (access required)

No Abatement of Incest Conviction (access required)

A defendant who was convicted of sexually abusing his teenage daughter, who died while his appeal was pending, is not entitled to abatement of the underlying criminal prosecution; the Supreme Court of Virginia says the adoption of a policy allowing abatement is up to the legislature, not the courts. Here the court considers what effect the ...