Case Brief Essay

1128 WordsJan 15, 20125 Pages
CASE BRIEF Case: State of Missouri v. David R. Bullock, 03CR679889.MO, [www.courts.mo.gov/casenet] Facts: At the time of the filing of his appeal, Mr. David R. Bullock had been charged and convicted of attempted statutory rape (under RSMO 566.032 and 564.011) and attempted sexual exploitation of a minor (under RSMO 564.011 and RSMO 566.032). David R. Bullock engaged in several conversations via email and chat rooms with a Newton County Deputy Sheriff who was conducting a sting operation against pedophiles. The Deputy took on a persona of a thirteen year old female by the name of “Ashley Anne”. Many of the conversations that took place between Mr. Bullock and “Ashley” were of a sexual nature. During conversations between…show more content…
Mr. Bullock requested an appeal on the basis of entrapment and sufficiency of evidence. The appeal was granted and [The court determined] that [the defendant] in fact took substantial steps toward committing the crimes he was convicted of; and the theory of entrapment was extinquished because Mr. Brooks did not admit to committing the crimes and it was not proven that the commission of these acts were not of forethought [defendant being ready and willing to commit these acts]. The Appeal Court affirmed. Issue: Should people be convicted of crimes that are initially staged to seek out such individuals and are there distinguishable characteristics of acts that can be considered as “substantial steps” when it comes to gaining a conviction on these grounds? Mr. Brooks argued that if it wasn’t for the Deputy (“Ashley”) engaging him in such conversations, he would have not carried out those acts. He stated that he was only expressing his fantasies (which he was not charged or convicted of) and would not have considered acting upon them without the inducement of the “Ashley”. Secondly, he stated that conversations regarding future plans, solicitation or arriving at the Page 3 planned location does not constitute a “substantial step” in committing the offenses that he was convicted of. The court

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