7 Wyoming opinions name it 1 courts 1984–2020 0 in the last five years
The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Noetzelmann v. Stategreen2 sentences2010See also Noetzelmann v. State, 721 P.2d 579, 581 (Wyo.1986), upholding the district court's refusal to instruct on entrapment where the evidence showed agents went to a bar for the express purpose of meeting and attempting to purchase drugs from the defendant, a surveillance crew was already set up outside the bar, an informant introduced the agents to the defendant, they asked if he could get them some marijuana, and he returned thirty minutes later with two baggies of marijuana. [T20] In contrast to the above cases, the district court gave an entrapment instruction in Munoz v. State, 849 P.2 1993Neither the initial nor the later Wright case really clarified appropriate issues of entrapment, since seemingly not contested among the jurists writing in either opinion. [12] *19 This court's last experience with entrapment, before today, came in Noetzelmann v. State, 721 P.2d 579 (Wyo.1986), which was a typical suspicion situation, confirmed by result, where the entrapment instruction was denied by the trial court. | 2 | 4 |
United States v. Eldergreen2 sentences2020Instead, the decision confirms the minimal evidence required to support an entrapment instruction. [¶30] The State also directs us to United States v. Elder, 90 F.3d 1110, 1135 (6th Cir. 1996), in which the court found no evidence to support an entrapment instruction where an informant had a sexual relationship with the defendant. 2020Instead, the decision confirms the minimal evidence required to support an entrapment instruction. [¶30] The State also directs us to United States v. Elder, 90 F.3d 1110, 1135 (6th Cir. 1996), in which the court found no evidence to support an entrapment instruction where an informant had a sexual relationship with the defendant. | 1 | 1 |
Jackson v. Stategreen1 sentence2020CONCLUSION [¶40] We have recognized that an entrapment defense looms when law enforcement participates in a crime, Jackson v. State, 522 P.2d 1286, 1288 (Wyo. 1974), but “‘[i]t is only when the government’s deception actually implants the criminal design in the mind of the defendant that the defense of entrapment comes into play.’” Montez, 527 P.2d at 1332 n.2 (quoting United States v. Russell, 411 U.S. 423 , 93 S.Ct. 1637, 1645 , 36 L.Ed.2d 366 (1973)). | 1 | 1 |
Munoz v. Stategreen1 sentence2010See also Noetzelmann v. State, 721 P.2d 579, 581 (Wyo.1986), upholding the district court's refusal to instruct on entrapment where the evidence showed agents went to a bar for the express purpose of meeting and attempting to purchase drugs from the defendant, a surveillance crew was already set up outside the bar, an informant introduced the agents to the defendant, they asked if he could get them some marijuana, and he returned thirty minutes later with two baggies of marijuana. [T20] In contrast to the above cases, the district court gave an entrapment instruction in Munoz v. State, 849 P.2 | 1 | 1 |
Sanchez v. Stategreen1 sentence1986The law in Wyoming is well settled with respect to instructing the jury on the defendant’s theory of the case. “ * * * [T]he defendant in a criminal case has the right to have his defense affirmatively presented to the jury. [Citation.] The right to an instruction on the defendant’s theory of the case rests on two conditions precedent, namely, the offered instruction must be sufficient to inform the court of the defendant’s theory and there must be competent evidence in the record to support the theory. * * * ” (Emphasis added.) Sanchez v. State, Wyo., 694 P.2d 726, 727 (1985). | 1 | 1 |
United States v. Robert Benvenistegreen2 sentences1984United States v. Benveniste, 564 F.2d 335, 339 (9th Cir.1977). 1984United States v. Benveniste, 564 F.2d 335, 339 (9th Cir.1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montez v. State
green
1 sentence2020CONCLUSION [¶40] We have recognized that an entrapment defense looms when law enforcement participates in a crime, Jackson v. State, 522 P.2d 1286, 1288 (Wyo. 1974), but “‘[i]t is only when the government’s deception actually implants the criminal design in the mind of the defendant that the defense of entrapment comes into play.’” Montez, 527 P.2d at 1332 n.2 (quoting United States v. Russell, 411 U.S. 423 , 93 S.Ct. 1637, 1645 , 36 L.Ed.2d 366 (1973)). | 1 | 2020–2020 |
United States v. Arthur Ortiz
green
1 sentence2020Ortiz, 804 F.2d at 1166 n.4. [¶25] We turn then to whether the evidence created a fact issue on the questions of inducement and predisposition. | 1 | 2020–2020 |
United States v. Lawrence Duane Young
green
1 sentence2020Young, 954 F.2d at 615-16 . [¶29] The issue in Young was not whether the jury should have been instructed on the entrapment defense. | 1 | 2020–2020 |
United States v. Russell
green
2 sentences2020CONCLUSION [¶40] We have recognized that an entrapment defense looms when law enforcement participates in a crime, Jackson v. State, 522 P.2d 1286, 1288 (Wyo. 1974), but “‘[i]t is only when the government’s deception actually implants the criminal design in the mind of the defendant that the defense of entrapment comes into play.’” Montez, 527 P.2d at 1332 n.2 (quoting United States v. Russell, 411 U.S. 423 , 93 S.Ct. 1637, 1645 , 36 L.Ed.2d 366 (1973)). 2020CONCLUSION [¶40] We have recognized that an entrapment defense looms when law enforcement participates in a crime, Jackson v. State, 522 P.2d 1286, 1288 (Wyo. 1974), but “‘[i]t is only when the government’s deception actually implants the criminal design in the mind of the defendant that the defense of entrapment comes into play.’” Montez, 527 P.2d at 1332 n.2 (quoting United States v. Russell, 411 U.S. 423 , 93 S.Ct. 1637, 1645 , 36 L.Ed.2d 366 (1973)). | 1 | 2020–2020 |
Rivera v. State
green
1 sentence2010He asked the agent if he wanted a quarter ounce of marijuana, the agent said yes and Munoz handed him a bag of marijuana in exchange for $45 in cash. [T21] An entrapment instruction was also given to the jury in Rivera, 846 P.2d at 3 . | 1 | 2010–2010 |
Swartz v. State
green
1 sentence2010The district court, relying on Swartz 971 P.2d 137 , declined to give the instruction on the ground that no competent evidence of improper inducement by law enforcement had been presented. [T13] Ms. Nelson contends the entrap ment instruction should have been given because it was her theory of defense and competent evidence was presented to support it. | 1 | 2010–2010 |
Gleason v. State
green
2 sentences2010On remand for a new trial with an appropriate entrapment instruction, Ms. Nelson will have notice by virtue of the first trial of the 404(b) evidence the prosecution intends to introduce and the district court can convene a hearing in accordance with Gleason v. State, 2002 WY 161 , 57 P.3d 332 (Wyo.2002). 2010On remand for a new trial with an appropriate entrapment instruction, Ms. Nelson will have notice by virtue of the first trial of the 404(b) evidence the prosecution intends to introduce and the district court can convene a hearing in accordance with Gleason v. State, 2002 WY 161 , 57 P.3d 332 (Wyo.2002). | 1 | 2010–2010 |
Higby v. State
green
1 sentence2010Swartz, 971 P.2d at 140 (citation omitted). [d19] This Court also upheld a district court's refusal to give an entrapment instruction in Higby, 485 P.2d at 384 . | 1 | 2010–2010 |
State v. Kummer
green
2 sentences1993In a case with similarities to our present Wyoming factual situation, but with far less egregious facts, the conviction was reversed on an entrapment defense in Kummer, 481 N.W.2d 437 , (N.D.1992). 1993In a case with similarities to our present Wyoming factual situation, but with far less egregious facts, the conviction was reversed on an entrapment defense in Kummer, 481 N.W.2d 437 , (N.D.1992). | 1 | 1993–1993 |
Jacobson v. United States
green
2 sentences1993The particular significance of Wyoming's limitation on the entrapment defense results from the failure of the majority in this case to carefully read Jacobson, ___ U.S. ___, 112 S.Ct. 1535 ; to review the historical Wyoming law; and, to consider the current movement of many of the court systems of this nation. [13] With a proper test if it is complaisance at the required initial contact by law enforcement will not *21 suffice to provide proof at the time of first solicitation to actually commit a crime. 1993Those authorities, having set the agent to work in enticing the defendant, the prosecution should bear the onus of the means selected by the agent." A casual review of even the most recent cases demonstrates a state court trend toward the objective or the totality of the circumstances entrapment definition. [14] Exactly *30 how the most recent United States Supreme Court case, Jacobson, ___ U.S. ___, 112 S.Ct. 1535 , or, for that matter, election of a new national president who will appoint additional justices to that court, will affect the analysis of the entrapment defense is far from clear, | 1 | 1993–1993 |
Sherman v. United States
green
2 sentences1993Dycus v. State, 529 P.2d 979 (Wyo.1974) followed the same concept by finding lack of evidence of any "creative activity" of the police authority while citing Sherman, 356 U.S. at 372 , 78 S.Ct. at 821 . 1993Dycus v. State, 529 P.2d 979 (Wyo.1974) followed the same concept by finding lack of evidence of any "creative activity" of the police authority while citing Sherman, 356 U.S. at 372 , 78 S.Ct. at 821 . | 1 | 1993–1993 |
People v. Turner
green
2 sentences1993The purpose of the entrapment test is to discourage police conduct that manufactures, induces, or instigates the commission of a crime, rather than simply detecting criminal behavior. [People v.J Turner, supra 390 Mich. [7] at 20, 210 N.W.2d 336 . 1993The purpose of the entrapment test is to discourage police conduct that manufactures, induces, or instigates the commission of a crime, rather than simply detecting criminal behavior. [People v.] Turner, supra 390 Mich. [7] at 20, 210 N.W.2d 336 . | 1 | 1993–1993 |
Dycus v. State
green
2 sentences1993Dycus v. State, 529 P.2d 979 (Wyo.1974) followed the same concept by finding lack of evidence of any “creative activity” of the police authority while citing Sherman, 356 U.S. at 372 , 78 S.Ct. at 821 . 1993Dycus v. State, 529 P.2d 979 (Wyo.1974) followed the same concept by finding lack of evidence of any "creative activity" of the police authority while citing Sherman, 356 U.S. at 372 , 78 S.Ct. at 821 . | 1 | 1993–1993 |
People v. Juillet
green
2 sentences1993Juillet, 475 N.W.2d at 792-93 . 1993Juillet, 475 N.W.2d at 792-93 . | 1 | 1993–1993 |
Crozier v. State
green
1 sentence1989Prior offense evidence used in response was approved; affirmed: Crozier, 723 P.2d 42 was a murder of a child; course of events evidence of marijuana use; complete story or same transaction rule as a course of conduct; affirmed. | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.