I imagine the producers would have insisted on it :)
Death or no death Ledger would have received pludits and people would WANT to see him in the next film. We'd all be pissed if he wasn't.
It would probably been some kind of team up of Bane and Joker if Ledger was still alive for the third movie.
i think there was a small possibility of Ledger going off the rails in such a way that he wouldn't be available for the 3rd movie; even if he had lived.
It was have been silly not to have put him in the movie considering the praise he recieved in the TDK. The people would basically demand it. I that he was never scripted to be in it, but while considering a third film pre-death Nolan wanted to use the Joker. I don't believe he would have been used as the main villain. If anything he would have been seen in Arkham, or used in a similar way Scarecrow was in the TDK or TDKR. I think if he was more of the focus we might have gotten to see Harley on screen. I had hopes for a Harley cameo post death as sort of nod to the Joker and his lasting effect without using him. If anything in just a bit beginning part, again like Scarecrow in TDK. I know Anne Hathaway said she thought Nolan wanted to meet her to play Harley and not Catwoman.
What is this, Horseville? Because I'm surrounded by naysayers.