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Court upholds ruling on dismissal of appeals upon death

Posted at 7:09 AM, Jan 24, 2019
and last updated 2019-01-24 09:08:59-05

PHOENIX (AP) - A state court ruling has upheld the constitutionality of Arizona's law that requires dismissal of any pending appeals upon the death of a convicted defendant.

The Court of Appeals panel's ruling Tuesday affirmed a Maricopa County Superior Court judge's dismissal of an appeal filed on behalf of a man who was convicted of voyeurism and ordered to pay restitution for attorney's fees paid by the female victim.

The judge ordered that Richard Allen Reed's appeal of the restitution order be dismissed following his death and his lawyer appealed that order, arguing that the law requiring dismissal is unconstitutional.

The panel disagreed, saying that Reed's right to appeal wasn't violated and that other arguments by Reed's lawyer weren't persuasive.

Under the Court of Appeals' ruling, the restitution order remains in force.