|CALENDAR STATUS: Active|
|A140675 (CONTROL) A144356|
|State of Oregon v. Ronald Alan Everett|
|University of Oregon Law School|
|George W. Kelly on behalf of Ronald Alan Everett|
Douglas F. Zier on behalf of State of Oregon
Statement of Issues:
|State of Oregon v. Ronald Alan Everett (S060300) (A140675) (appeal from Clackamas County Circuit Court; opinion reported at 249 Or App 139, 274 P3d 297 (2012)).|
Defendant Ronald Alan Everett has been granted review of a Court of Appeals decision affirming trial court decisions that had denied his motion for judgment of acquittal of solicitation to commit aggravated murder and solicitation to commit assault in the second degree, and that had denied his motion to strike certain testimony by a state's witness.
On review, the issues are:
(1) In a situation where A asks B to ask C to murder D, and where a murder ultimately does not take place, is A guilty of soliciting murder, or instead of soliciting a solicitation?
(2) Does the crime of solicitation require that the offender ask the solicitee to commit a crime, or instead is it sufficient that the offender deliver to the solicitee information that creates animosity towards the victim that could cause the solicitee to commit a crime?
(3) When a defendant is charged with soliciting a third party to commit murder, and the third party claims to be an enforcer for a gang that sometimes enforces its rules by having the rule-breaker killed, is the question of whether the third party ever committed a murder a collateral matter?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: