State ex rel. Woods v. Cohen
Supreme Court of Arizona
844 P.2d 1147 (Ariz. 1992)
Edwin Cohen (defendant) was indicted for conspiracy to defraud Arizona's health-care system (count 1) along with numerous substantive fraud offenses (counts 18-29) committed by his co-conspirators, in which the state conceded Cohen had not personally participated, relying instead on Pinkerton vicarious liability instructed to the grand jury; the trial court dismissed counts 18-29 for insufficient evidence, the court of appeals reversed in a special action holding co-conspirator liability was encompassed within accomplice liability, and Cohen sought Arizona Supreme Court review.
Whether a conspirator who is not also an accomplice may be held liable for the substantive crimes committed by his or her co-conspirators.