State v. Soule

FELDMAN, Vice Chief Justice,

dissenting.

By reaffirming the rule most prominently announced in State v. Nilsen, 134 Ariz. 431, 657 P.2d 419 (1983), the majority effectively leaves Arizona as a minority of one. While some other states forbid inconsistent defenses in entrapment situations, Arizona applies the rule more strictly than any other court by requiring the defendant to admit every element of the crime as a condition of pleading entrapment, even when denying an element would not be inconsistent with the entrapment defense. Marcus, The Entrapment Defense and the Procedural Issues: Burden…