Facts: Petitioner Michael Webb was convicted for presenting a fraudulent insurance claim and filed a notice of appeal, but died shortly after he was sentenced. Webb’s appointed counsel moved for abatement of Webb’s conviction, and the Court of Appeals dismissed the appeal and declined to abate the conviction or any of the monetary amounts Webb was ordered to pay. The Supreme Court of Washington accepted Webb’s counsel’s petition for discretionary review.

Question(s): Does the deceased Webb’s right to appeal require the conviction be abated?

Conclusion: Justice Madsen’s opinion for the Court reversed the decision of the Court of Appeals, holding that Webb’s right to appeal does not require that his conviction or financial obligations be abated ab intitio because of his death. Further, Wash. R. App. P. 3.2 provides for substitutions of parties on appeal is the appropriate avenue for Webb’s heirs to challenge the financial obligations imposed or to pursue the appeal on its merits. The case was remanded to provide reasonable time in which a motion for substitution may be made.

Docket No. 81314-1 (from Court of Appeals Division I Case No. 59626-8)

Petitioner: Michael Webb

(Counsel: Nancy P. Collins)

Respondent: State of Washington

(Counsel: Daniel T. Satterberg, James M. Whisman, and Brian M McDonald)

Briefs:

Argument: Thursday, May 7, 2009 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, October 29th, 2009

Vote: 8-1

Opinion: 167 Wn.2d 470 (2009)

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen
(Majority)

Sanders
(Dissent)

Chambers

Owens

Fairhurst

Johnson

Stephens