Harry Blackmun

“ In contrast, the dismissal of the indictment wipes the slate entirely clean of a federal conviction which was unsuccessfully appealed throughout the entire appeal process to which the petitioner was entitled as of right.
If, by chance, the suggestion of death has some consequence upon the survivor rights of a third party (a fact not apparent to this Court) , the third party so affected is free to make his own timely suggestion of death to the court of appeals. ”