State v. Brown

The state appeals from a trial court’s order dismissing the charges against ap-pellee, Thomas Brown, on the basis of his defense of subjective entrapment. We hold that there were disputed issues of fact precluding the trial court from taking the case away from the jury, which found Brown guilty of tampering with a witness and conspiracy.

Brown was charged with tampering with a witness and conspiracy while acting as an attorney for a criminal defendant in a case in which George Kleinbach was to be a witness. Kleinbach himself was arrested and charged with several burglaries, and his statements…