State v. Lively

Madsen, J. —

At issue in this case is whether: (1) the trial court erred in instructing the jury as to the burden of proof for the defense of entrapment; (2) the evidence supports a finding, as a matter of law, that the Defendant was entrapped; and (3) the actions of the State constitute outrageous conduct in violation of the Defendant’s right to due process. On direct review, we reverse the Defendant’s conviction.

FACTS

This case arises from an undercover drug investigation in Walla Walla assisted by a police informant, Kamlesh *5"Koby” Desai. On June 6, 1991, Desai phoned a drug unit detective…