Entrapment

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

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…

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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
  • Categories: Defenses, Entrapment, General Principles, Jury Instructions

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…

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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
  • Categories: All Other Crimes, Crimes, Defenses, Entrapment

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…

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Name: People v. Smith
Case #: S108309
Court: CA Supreme Court
District CalSup
Opinion Date: 12/22/2003
Subsequent History: None
  • Categories: Defenses, Denial of Due Process, Entrapment, Sentencing

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.…

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Name: Bradley v. Duncan
Case #: 01-55290
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/24/2002
  • Categories: Defenses, Entrapment, Extraordinary Remedies, General Principles, Habeas Corpus (Federal), Jury Instructions

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…

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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
  • Categories: Defenses, Entrapment

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…

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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
  • Categories: Defenses, Entrapment

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 skin."

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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
  • Categories: Areas Constitutional Law, By CALJIC Number, Challenges for Cause, Choice of Counsel, Crimes, Crimes Against Property, Crimes Against the Person, Defenses, Drug Treatment, Due Process, Entrapment, Evidence, Expert Witness, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Jury Peremp/Wheeler, Legislation, Marsden, Motion for Acquittal, Preliminary Hearings, Pretrial Motions, Probable Cause, Right to Counsel, Scope of Right, Sentencing, Severance/Consolidation, Statutory Construction, Trial Proceedings

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…

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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.
  • Categories: Defenses, Entrapment, General Principles, Jury Instructions

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…

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