Legal Opinion · Dissent

Kenneth Griesemer v. State of Indiana

Indiana Court of Appeals

Decided May 23, 2014No. 49A04-1308-CR-382Published

1DissentVaidik, Chief Judge

I respectfully disagree with the majority’s view that there was not sufficient evidence to rebut Griesemer’s entrapment defense. Specifically, I believe that the State proved that Griesemer was predisposed to commit the offense because the State established that Griesemer was not reluctant to commit the offense. Therefore, I would affirm Griesemer’s conviction for Class A misdemeanor patronizing a prostitute.

Griesemer was driving his car and noticed Tabitha McLemore, an undercover police officer who was posing as a prostitute, near the corner of Washington and Ewing Streets on the east side…

2Cases cited6 opinions

  1. United States v. William L. ThomaCourt of Appeals for the Seventh Circuit · 1984
  2. Dockery v. StateIndiana Supreme Court · 1994
  3. United States v. Marian FuskoCourt of Appeals for the Seventh Circuit · 1989
  4. Voirol v. StateIndiana Court of Appeals · 1980
  5. Ferge v. StateIndiana Court of Appeals · 2002

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