Bevel's attorney requested that the Court of Appeals of Virginia abate the conviction (which would have cleared Bevel's name) on account of his death. The Court of Appeals remanded the case to the trial court to determine whether there was good cause not to abate the conviction. The trial court found that abating the conviction would deny the victim the closure that she sought and denied the motion to abate. The Court of Appeals affirmed this judgment. Bevel's attorney appealed the denial of the abatement motion to the Supreme Court of Virginia. In an opinion issued November 4, 2011, the state's Supreme Court held that abatement of criminal convictions was not available in Virginia under the circumstances of Bevel's case. Because the executor of Bevel's estate had not sought to prosecute the appeal, the Court affirmed the conviction.