Court of Appeals of South Carolina, 2011

State v. Bixby

Court of Appeals of South Carolina · Decided October 19, 2011 · Few, MacAulay, Pieper, Thomas

397 S.C. 154; 723 S.E.2d 841; 2011 WL 5059875; 2011 S.C. App. LEXIS 312

Cases that cite this one

1 later published case cites this decision.

State v. Bixby (S.C. Ct. App. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ORDER

This order addresses Appellant’s motion to abate her case ab initio and withdraw opinion number 4768, refiled August 10, 2011. After a careful consideration of the motion, the Court finds Appellant passed away while her petition for rehearing was pending. Hence, the Court grants Appellant’s request to abate the appeal and withdraw the opinion. However, the Court declines to find the abatement should be ab initio. See State v. Anderson, 281 S.C. 198, 199, 314 S.E.2d 597, 597 (1984) (“[T]he death of a criminal appellant, prior to *155the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal.”).

/s/John C. Few, C.J. /s/Paula H. Thomas, J. /s/Daniel F. Pieper, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.