State v. Moeller

Summary

The court declined to overrule its established rule governing criminal appeals when a defendant dies during the appeal, holding that the appeal may continue for issues that remain justiciable, including a sufficiency challenge that could exonerate the defendant. Applying that rule, the court held that sufficient evidence supported Moeller's securities-fraud conviction because he used money obtained for a purported business investment to satisfy a personal obligation, and the transaction qualified as an investment contract. The court affirmed both the Court of Appeals and district court judgments.