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Name: Bradley v. Duncan
Case #: 01-55290
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/24/2002

Defendant was entitled to habeas relief under AEDPA where the second trial court refused to instruct on entrapment in a state drug sale case in which the defendant claimed he had been entrapped by an unwitting police agent who was suffering greatly due to drug withdrawal. The defense had been clearly presented and instructed upon in the first trial, which resulted in a mistrial, and just as clearly presented in the second trial, but the court inexplicably refused a request to instruct on it. The state appellate court opinion finding no error was a deprivation of due process right to present a full defense, and was an objectively unreasonable application of controlling federal law (2-1).