On Point blog, page 2 of 2

Conspiracy — § 939.31 – Sufficiency of Evidence – Agreement

State v. Henry E. Routon, 2007 WI App 178, PFR filed 7/23/07
For Routon: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding:

¶36   Routon, as noted above, argues that the single sale to Agent Smith is, as a matter of law, insufficient evidence of an agreement. However, in the cases on which he relies, there was no evidence, as there is here,

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Conspiracy, § 939.31 – Unit of Prosecution (Multiple Counts for Multiple Acts)

State v. Edward Leon Jackson, 2004 WI App 190, PFR filed 10/15/04
For Jackson: Meredith J. Ross, LAIP, UW Law School

Issue/Holding:

¶2 In 1996, Jackson admitted to his role in a plan to fire bomb a Milwaukee police officer’s home. Jackson and two other men conspired to fire bomb the house, enabling two others to shoot people fleeing from the building.

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Attempt, § 939.32 — Conspiracy, § 939.31 — Multiplicity

State v. Melvin L. Moffett and Jerrell I. Denson, 2000 WI 130, 239 Wis. 2d 629, 619 N.W.2d 918, affirming State v. Moffett/Denson2000 WI App 67, 233 Wis. 2d 628, 608 N.W.2d 733
For Moffett: Patrick J. Stangl; for Denson: Joseph L. Sommers

Issue:

¶2 The parties present the following question to this court: May the State charge the defendants with two crimes,

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