330 P.3d 22
Or.2014Background
- Everett was charged with soliciting another to commit aggravated murder under ORS 161.435(1).
- Evidence showed Everett asked Piatt to murder Moss to prevent testimony and asked Van Alstine to deliver a DVD and an indictment to the Outsiders to effect Piatt’s murder.
- Everett met Piatt in jail; Piatt was an informant and the DVD of Piatt’s interview was admitted at trial.
- Everett was convicted of soliciting Piatt and Van Alstine; the Court of Appeals affirmed the convictions.
- The issue on review is whether the evidence sufficed to prove Everett solicited Van Alstine to aid and abet aggravated murder, and whether the solicitation was complete upon the act of soliciting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for soliciting Van Alstine | State argues solicitation to aid and abet established | Everett argues no direct solicitation to commit aggravated murder | Sufficient evidence; solicitation to aid and abet is enough |
| Completion of solicitation | State contends solicitation is complete when the act occurs | Everett contends no completed solicitation if murder not committed | Solicitation complete upon the act of soliciting regardless of outcome |
Key Cases Cited
- State v. Rosser, 162 Or 293 (1939) (aid/abet and solicitation definitions; liability for accomplice)
- State v. Start, 65 Or 178 (1913) (definitions of abet and assistance in crime)
- State v. Lewis, 352 Or 626 (2012) (standard for reviewing sufficiency of evidence in criminal cases)
- People v. Wilson, 36 Cal 4th 309 (2005) (solicitation complete upon verbal request with requisite intent)
- State v. DePriest, 258 Kan 596 (1995) (solicitation complete when communicated with requisite mens rea)