State v. Van Winkle

The opinion of the court was delivered by

Lockett, J.:

Defendant appeals her conviction of possession of cocaine, K.S.A. 65-4127a, claiming (1) the conduct of the police was so outrageous that it constituted a violation of due process and (2) there was insufficient evidence to convict.

We recently recognized that law enforcement conduct may be so outrageous as to violate the Due Process Clause. State v. Nelson, 249 Kan. 689, 822 P.2d 53 (1991). If the conduct of government agents is not outrageous, the defense of entrapment may be available. Because of the length of the facts and their…