CRM/LAW C144 Chapter WALTON and ALVAREZ: Case Briefs

• School: UC-Irvine
• Department: Criminology, Law and Society
• Course: CRM/LAW C144
• Professor: Meeker

Document Summary

When the connecticut supreme court first explicitly adopted the pinkerton rule, it suggested that the rule might apply only when the defendant was a leader of the conspiracy. Underlying facts, the actual crime that took place. One of the batf agents was killed and the other agent, along with two of the cocaine dealers, were seriously wounded. We conclude that, although the murder convictions of the three appellants may represent an unprecedented application of pinkerton, such an application is not improper . First, the evidence clearly established that the drug conspiracy was designed to effectuate the sale of a large quantity of cocaine. Furthermore, we are mindful of the potential due process limitation on the pinkerton doctrine in cases involving attenuated relationships between the conspirator and the substantive crime. Nevertheless, these considerations do not require us to reverse the murder convictions of portal, concepcion, and hernandez: all three were more than minor participants in the drug conspiracy.