A hearing is scheduled for next month on efforts by attorneys for Aaron Hernandez seeking to vacate his murder conviction.
The lawyers say a colonial era law requires convictions to be vacated upon the death of a person if their case is still under appeal.
Hernandez's first degree murder conviction for the 2013 killing of Odin Lloyd was automatically being appealed as required with all cases involving life sentences.
Hernandez took his own life in a state prison cell in Shirley last week.
r (Photo by Heinz Kluetmeier /Sports Illustrated/Getty Images)