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Expect an interesting opinion tomorrow from the OSC

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by: Ryan • June 25, 2014 • no comments

I have no insight into how the Oregon Supreme Court will rule tomorrow, but they are expected to issue an opinion that might answer the following 3 questions:

(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?

It should be an interesting read, however they decide.