Skip to content
Part of the Law Professor Blogs Network

Mario Claiborne killed in strange robbery… now what?!?!?

I have been hearing rumors since yesterday that the defendant in Claiborne v. US, Mario Clairborne, had been killed in Saint Louis.  I have now confirmed through various sources that the “Morio Claiborne” mentioned in this article as having been killed in a car robbery incident is the same person whose case is right now pending before the Court. 

My sources tell me that something will be filed officially with the Supreme Court today.  But exactly what this means for the Claiborne case (and the companion Rita case) remains to be seen.  Needless to say, I am stunned by this remarkable development, and I wonder if there is any recent precedent about what exactly should be done in circumstances like this.

Wow… and I’m very interested in reader comments.

UPDATE: SCOTUSblog is now reporting the news and has this analysis of now what:

Under Supreme Court Rule 35, when a party to a case has died, a personal representative may be named if the legal interests would survive the death.  That would not be possible in a case involving a convicted and sentenced individual, who has the sole legal interest in the outcome. Thus, it would appear that the Claiborne case would simply be dismissed by the Court, leaving that aspect of the Guidelines reasonableness inquiry unsettled — unless the coming decision in the Rita case goes beyond the single issue presented there.