RICHMOND, Va. (AP) — The Virginia Supreme Court has refused to throw out the incest conviction of a former top adviser to Martin Luther King Jr.The Rev. James Bevel died in 2008 while his appeal was still pending. His attorney sought what's known as an abatement. The theory behind an abatement is that a conviction is not final until the appeals process is complete.Courts have been inconsistent in applying the abatement doctrine. The issue came before the Virginia Supreme Court for the first time after a lower court refused to abate Bevel's conviction.The justices unanimously ruled Friday that the legislature, not the courts, should decide whether Virginia's policy will be to wipe out a conviction if the defendant dies while his appeal is pending.