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First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction
by Doug Ankney
The U.S. Court of Appeals for the First Circuit clarified when trial courts must instruct juries on the defense of entrapment.
As part of a “sting” in 2015, Special Agent Ryan Seig of the Homeland Security Investigations Child Exploitation Unit created a fictitious Grindr profile under the ...
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More from this issue:
- ShadowDragon: Inside the Social Media Surveillance Software That Can Watch Your Every Move, by Michael Kwet
- Report Chronicles Growing List of Exonerations, by Jayson Hawkins
- Racist Police Violence Reconsidered, by John McWhorter
- Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior, by Michael Fortino, Ph.D
- Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search, by Douglas Ankney
- Proliferation of Anti-Riot Laws Spurs Nationwide Legal Challenges, by Casey Bastian
- How Law Enforcement Get Past Phone Encryption, by Anthony Accurso
- Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision, by Douglas Ankney
- First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach, by Douglas Ankney
- Law Proposed to End Sales of Private Data to Law Enforcement, by Anthony Accurso
- Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional, by Douglas Ankney
- Law of Unintended Consequences: How Defunding the Police Leads to Salary Increases, by Casey Bastian
- Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence, by Douglas Ankney
- Is It Time to Stop Relying on the Cops?, by Casey Bastian
- Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA, by Douglas Ankney
- Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction, by Douglas Ankney
- D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
- New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process, by Douglas Ankney
- First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction, by Douglas Ankney
- Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights, by Douglas Ankney
- NYPD Training Deprioritizes First Amendment Education in Policing Protests, by Casey Bastian
- USPS Reveals Social Media Surveillance Program, by Anthony Accurso
- California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings, by Douglas Ankney
- Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant, by Anthony Accurso
- When Life Is No Better Than Death, by Jayson Hawkins
- Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence, by Casey Bastian
- California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal, by Dale Chappell
- Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County, by Douglas Ankney
- Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications, by Dale Chappell
- New Mexico Abolishes Qualified Immunity, by Michael Fortino, Ph.D
- Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible, by David Reutter
More from Douglas Ankney:
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, May 1, 2025
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, May 1, 2025
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, May 1, 2025
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025
- Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
More from these topics:
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.
- New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, May 15, 2023. Jury Instructions, Jurors - Alternates.
- Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, April 15, 2023. Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error.
- New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial, March 15, 2023. Jury Instructions, New Trial Motions, Counsel - Right to, Perjury/Perjured Testimony.
- Hundreds Convicted by Split Juries Will Have New Trials After Oregon Supreme Court Decision, Jan. 12, 2023. Jury Instructions, New Trial Motions.