The legal document provided is an order
of
abatement
ab initio
(from the beginning) issued by Chief Justice
Vincent L. McKusick
of the Maine Supreme Judicial Court.
[1,
2]
Context and Meaning of the Order
- The Legal Precedent (State v. Carter): In the 1973 landmark Maine case State v. Carter, 299 A.2d 891, the Law Court established that when a criminal defendant dies while their direct appeal is pending, the entire criminal prosecution collapses. Because the defendant can no longer defend themselves or be punished, the appeal is dismissed as moot, the underlying conviction is completely erased (vacated), and the initial indictment must be dismissed. [1]
- The Outcome for Michael Cochran: Per this 1981 order, because Michael Cochran died before his pending appeal could be fully processed or heard, his prior March 3, 1980 conviction for Class D assault was legally wiped clean. In the eyes of the law, he died an innocent man without a criminal record[1]
Background on the Case
On March 3, 1980,
Michael Cochran was found
guilty of assault in Penobscot County Superior Court.
His legal counsel (Atty. Lawrence R. Schultz) filed an
appeal to the state's highest court, which was argued on
January 19, 1981. [1]
The court actually published an initial opinion
affirming his conviction on February 17, 1981. However,
Michael Cochran died on February 18, 1981—the
very next day. Because the court's judgment had not yet
become finalized or mandated down to the lower court,
the District Attorney,
David Cox, filed a motion
under the
Carter rule to officially close
out the case. This culminated in Justice McKusick
signing this order on
March
13, 1981, formatting the official vacancy of the
conviction. [1,
2]
Historical Footnote
Though his conviction was vacated due to his death on
February 18, 1981, the
circumstances of Michael Cochran's passing remain a
historical mystery. On February 24, 1981, his
body was recovered from the ruins of a burned-out cabin
on Sumac Road in Dedham, Maine. The Maine State Police
later ruled his death a
homicide, a case that remains
an active, unsolved cold case to this day. [1,
2,
3]
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Justia LawState v. Cochran (Me. 1981) - Justia Law425 A.2d 999 (1981). STATE of Maine v. Michael COCHRAN. Supreme Judicial Court of Maine. Argued January 19, 1981. Decided February...
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Dark DowneastThe Murder of Michael Cochran (Maine) | Dark DowneastOn February 24th, 1981, six days after the cabin in Dedham burned, Fire Inspector Wilbur Ricker returned to Sumac Road with Maine ...
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