Alaska Supreme Court

Frank Henry Marshall, Petitioner v. State of Alaska, Respondent

August 20, 20102010 Alas. LEXIS 84

Summary

The court held that a criminal defendant who gives notice of an intent to rely on entrapment is entitled to an evidentiary hearing without first producing evidence supporting every element of the defense. Requiring such evidence could compel incriminating testimony and violate the Alaska Constitution and the disclosure limits of Criminal Rule 16(c)(5). The court remanded for further proceedings consistent with that rule.