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MARSHALL v. STATE

No. S-13401.

238 P.3d 590 (2010)

Frank Henry MARSHALL, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

Rehearing Denied September 10, 2010.

Attorney(s) appearing for the Case

G. Blair McCune , Wasilla, for Petitioner.

Kenneth M. Rosenstein , Assistant Attorney General, Anchorage, and Daniel S. Sullivan , Attorney General, Juneau, for Respondent.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and CHRISTEN, Justices.

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

In a criminal trial for misconduct involving a controlled substance, the defendant asserted the affirmative defense of entrapment and requested a hearing. The trial court denied the request because defendant had not submitted evidence supporting the elements of entrapment.

The question now before us is whether a trial court must hold a hearing on the affirmative defense of entrapment...

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