Conspiracy = Agreement to commit a crime + overt
act in furtherance A.R.S. 13-1003.A.
"[C]onspiracy is a common undertaking where
the coconspirators are all agents of each other and where the
acts and statements of one can be attributed to all (Bourjaily
v. United States, 483 U.S. 171, Versuslaw paragraph 42 (1987))."
"The focus of…conspiracy is the unlawful
agreement (State v. Denman,) 186 Ariz. 390, Versuslaw paragraph
22 (Arix.App. 1996))."
A suspect can conspire with a government agent because
"Arizona recognizes unilateral conspiracies (State v.
Bass, 201 Ariz. 86, Versuslaw paragraph 18 (Ariz.App.Div.
2 09/26/2001))."
Arizona has jurisdiction over a conspiracy when
"an act in furtherance of that conspiracy occurred within
this state (State v. Chan, 188 Ariz. 272, Versuslaw paragraph
33 (Ariz.App.Div.1 09/10/1996))."
Coconspirator Hearsay Exception = "801(d)(2)(E)
provides, 'A statement is not hearsay if…by a co-conspirator…during
the course and in furtherance of the conspiracy (United States
v. Silverman, 861 F.2d 571, Versuslaw paragraph 96 (9th Cir.11/16/1998))."
Certain statements are not in furtherance of the
conspiracy such as '"mere conversations between co-conspirators
(United States v. Layton, 720 F.2d 548, Versuslaw paragraph
49 (9th cir. 08/10/1983))"' "'merely narrative declarations
(Id.), "' "bragging (United States v. Flores,
63 F.3d 1342, Versuslaw paragraph 219 (5th Cir.09/01/1995)),"
'"idle chatter,' and superfluous casual conversations (United
States v. Santos, 20 F.3d 280, Versuslaw paragraph 48, 7th
Cir. 03/25/1997)).'"
"Participants in a criminal conspiracy (United
States v. Padilla, 113 S. Ct. 1936, Versuslaw paragraph 19
(U.S. 1993))" have individual expectations of privacy.
Conspiracy except to commit murder is punished in
the same manner as the most serious crime conspired to, A.R.S.
12-1003.D.
Two convictions for one conspiracy violates double
jeopardy, American Tobacco v. United States , 383 U.S.
781 (1946).