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Name: People v. Federico
Case #: E048833
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/21/2011

An entrapment defense applies only when the conduct of law enforcement or its agent was likely to induce a normally law-abiding person to commit the offense. Perverted Justice is a forum that brings to light the effects of the Internet on children. A volunteer created an Internet profile and posed as Missie, a 12-year-old girl. Appellant responded to her profile and the conversation turned sexual. with appellant webcaming himself in impermissible activities despite the knowledge of Missie's age. When he later showed up at Missie's house, the sheriff's department, having been alerted, arrested him. The appellate court upheld the trial…

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Name: U.S. v. Williams
Case #: 06-50599
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/06/2008

To establish the defense of entrapment, a defendant must show undisputed evidence that an otherwise innocent person was induced to commit a crime by a government agent's trickery, persuasion or fraud. The defense fails if the defendant has a predisposition to commit the crime. Appellant argued he had established the defense of entrapment as a matter of law. The Court of Appeals considered the five factors used to determine predisposition: 1) the defendant's character or reputation, including criminal record; 2) whether the government initially suggested the criminal activity; 3) whether the defendant engaged in the activity…

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Name: People v. Chacon
Case #: B164649
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 04/14/2004
Subsequent History: Mod./rehrg. den. 5/20/04; Revw. gr. 8/11/04: S125236

Appellant was a member of city council, who was interested in becoming the city manager. She voted with other city council members to change a city ordinance which would have prohibited her from doing so. She consulted with the City Attorney before she took the appointment as city manager. In appellant's trial for conflict of interest in violation of Government Code section 1090, the prosecution moved to exclude testimony on the defense of entrapment by estoppel, which was denied by the trial court. In light of the denial of their motion, the prosecution was unable to…

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Name: People v. Smith
Case #: S108309
Court: CA Supreme Court
District CalSup
Opinion Date: 12/22/2003
Subsequent History: None

The doctrine of sentencing entrapment, embraced by some federal courts, is incompatible with California law, because under this state’s doctrine of entrapment, the character of the suspect, his predisposition to commit the crime, and his subjective intent are all irrelevant. The court declined to decide whether the related doctrine of sentence manipulation was likewise incompatible with state law. Under federal law, sentence manipulation requires a reduction in sentence where law enforcement officers, acting only for the purpose of increasing a defendant’s sentence, have engaged in conduct so outrageous that it denies the defendant due process of law. …

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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…

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Name: U.S. v. Hancock
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/26/2000
Subsequent History: None

The court did not err in rejecting "entrapment-by-estoppel" instructions proposed by the defense. The forms the defendant was required to fill out at the time that he purchased the weapons in 1980 and 1982 did not contain "affirmatively misleading" representations by government officials as the advice given in those forms was correct at that…

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Name: Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
Case #: D039443
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/02/2002
Subsequent History: None

It was not entrapment, as a matter of law, for an undercover officer to ask an exotic dancer if her next dance would involve "more…

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Name: People v. Mendoza
Case #: S067104
Court: CA Supreme Court
District CalSup
Opinion Date: 07/31/2000
Subsequent History: Rehearing denied 9/13/00

Mendoza and his codefendant, Valle, were charged with murder committed during the course of a robbery, in violation of Penal Code section 189. The defendants were also charged with the robbery, and a special circumstance that the murder was committed during the course of a robbery. The separate juries convicted on the murder and robbery, and found the special circumstances to be true. Neither jury's verdict specified the degree of murder, though they had been instructed only on first degree felony-murder. Penal Code section 1157 provides that where a defendant is convicted of a crime which…

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Name: People v. Keller
Case #: C033613
District 3 DCA
Opinion Date: 02/14/2001
Subsequent History: rev. granted 5/23/01 (S096233); Rev. dismissed 1/23/02 and remanded.

Editor's Note: Review granted. The trial court did not err by failing to instruct sua sponte on an entrapment defense regarding the solicitation offense. The record would not support a reasonable jury finding that the officer performed an affirmative act likely to induce a law-abiding person to commit the…

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