In what circumstances will a jury overturn a finding that there was no entrapment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Yerli, 857 F.2d 1480 (9th Cir. 1988):

In cases where there is a definite conflict between the testimony of the government informant and the defendant, the resolution of fact relevant to the entrapment issue is a credibility question for the jury. See United States v. Griffin, 434 F.2d 978, 981 (9th Cir.1970). In Notaro v. United States, 363 F.2d 169 (9th Cir.1966), we declined to overturn a jury's finding that there was no entrapment, despite the fact that the trial judge himself had expressed a leaning toward the opposite conclusion. The court stated "the credibility of [each witness] was put in question, and their demeanor and attitude, not observable to us here, was subject to scrutiny by both the judge and jury. When, as here, the result of the trial was so dependent upon the conflicting testimony of two witnesses ... we cannot bring ourselves to interfere." Id. at 173. Here, as in Notaro, the demeanor and credibility of each of the witnesses was subject to the scrutiny of

Page 1480

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