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Seventh Circuit: Defendant Entitled to Present Entrapment Defense Where ‘Some Evidence’ Exists of Government Inducement and Lack of Predisposition to Commit Crime
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit held that Robert Shawn Anderson was entitled to present his entrapment defense to the jury because there was some evidence that the Government induced him to commit the crime and some evidence that he lacked any predisposition to ...
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More from this issue:
- They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars., by Brett Murphy
- Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home, by Anthony Accurso
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, by Dale Chappell
- Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, by Jacob Barrett
- Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change, by Anthony Accurso
- California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences, by David Reutter
- California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case, by Douglas Ankney
- New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police, by Jacob Barrett
- Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted, by Matthew Clarke
- Your Car Knows a Lot About You, and the Police Are Listening, by Michael Thompson
- Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision, by Douglas Ankney
- California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim”, by Harold Hempstead
- Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine, by Matthew Clarke
- Governor of Oregon Leaves Legacy of Reformation While Leaving Office, by Kevin Bliss
- Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely, by Harold Hempstead
- Seventh Circuit: Defendant Entitled to Present Entrapment Defense Where ‘Some Evidence’ Exists of Government Inducement and Lack of Predisposition to Commit Crime, by Douglas Ankney
- California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation, by Matthew Clarke
- Minneapolis Police Department Surveillance Operation Kneels on the Neck of the First Amendment, by Casey Bastian
- Ninth Circuit: No Qualified Immunity for Detective Who Arrested Anti-Police-Slogan Sidewalk Chalkers, but Not Other Chalkers Whose Content Wasn’t Anti-Police, Even Though There Was Probable Cause to Arrest, by Matthew Clarke
- Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional, by Anthony Accurso
- Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute, by Douglas Ankney
- Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants, by Mark Wilson
- Invasions of Privacy for People on Electronic Monitoring Is a Warning of Worse Things to Come, by Benjamin Tschirhart
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- Houston Cop from Fatal Raid Lied in Other Cases, by Jayson Hawkins
- Electronic Freedom Foundation’s Atlas of Surveillance Helps You Watch Those Who Watch Us, by Michael Thompson
- Was the DNA at the Crime Scene Left by the Perpetrator – or by a Pet?, by Douglas Ankney
- New York Police Department Joins Crowdsourced Surveillance Ring Neighbors App, by Michael Thompson
- Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards, by Casey Bastian
- FBI Heist Made Public, by Jayson Hawkins
- New San Francisco Ordinance Allows Police to Access Private Security Cameras, by Kevin Bliss
- Cruel and Unusual: Residency Restrictions Force Registrant to Die Among Strangers, by Eike Blohm, MD
- News in Brief
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, 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
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- 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
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
More from these topics:
- A Song for Condemned Alabama Prisoner, April 1, 2025. Witnesses, Telephone Monitoring, Evidence - Failure to Disclose.
- 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.
- Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief, Dec. 15, 2024. Murder/Felony Murder, Bias/Discrimination, Evidence - Failure to Disclose.
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, Aug. 1, 2024. Exculpatory No Doctrine, Resentencing, Evidence - Failure to Disclose, Remands/Rehearings/Resentencings.
- Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison, July 15, 2024. Prosecutor/Attorney General Misconduct, Attorney Discipline, Brady Rule violations, Evidence - Failure to Disclose.
- HRDC Files Civil Rights Action on Behalf of Wrongly Convicted Florida Man Who Spent 45 Years in Prison, June 15, 2024. Wrongful Conviction, False Arrest, False Imprisonment, Hypnotically Refreshed Memory, Perjury/Perjured Testimony, Evidence - Failure to Disclose.
- Louisiana Supreme Court Springs Prisoner From Death Row, April 1, 2024. Capital Punishment, Exculpatory Materials, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Withholding of Exculpatory Evidence.
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, March 15, 2024. Brady Violations, Brady Rule violations, Evidence - Failure to Disclose.
- ‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms, March 15, 2024. Entrapment, Predisposition/Inducement, Government Deception and Trickery, Compassionate Release.
- Michigan Reaches $1.03 Million Settlement with Exonerated Prisoner, March 1, 2024. Wrongful Conviction, Wrongful Imprisonment, Brady Violations, Evidence - Failure to Disclose.