State v. Everett

Delivering information that would have caused a murder to occur is sufficient to support a solicitation charge.

Defendant appealed a denial of his motion for acquittal on a solicitation charge. While in jail, Defendant, a member of an outlaw motorcycle club, asked a soon to be released inmate to deliver a DVD to other members of his motorcycle club, in exchange for a car and other payment. The DVD in question showed the testimony of another motorcycle club member acting as a police informant. Defendant also told this inmate that the reason for the offer was to prevent the informant from testifying against defendant. The inmate informed authorities of Defendant’s offer. At trial, the State elicited testimony from the informant for their case in chief, as well as testimony establishing that the motorcycle club would likely kill informants. The State then brought two counts of soliciting murder in the second degree against Defendant. Defendant moved for acquittal, arguing that the State failed to prove that his offer to the inmate amounted to solicitation. The court denied Defendant’s motions, and the jury returned a guilty verdict. The Court of Appeals affirmed the trial court’s ruling, and the Supreme Court allowed Defendant’s petition for review. The Supreme Court affirmed, and held that the action that Defendant solicited are sufficiently indicative of disposition towards criminal activity to support the solicitation conviction.