State of Arizona, Appellee v. Maverick Kemp Gray, Appellant

Summary

The court held that Arizona's entrapment statute requires a defendant to affirmatively admit the substantial elements of the charged offense through testimony or other evidence before receiving an entrapment instruction. Passive failure to contest the state's evidence is insufficient, and Gray's recorded statements did not constitute an affirmative admission of the charged drug-sale offense. The court also held that this requirement does not violate the privilege against self-incrimination. Justice Bolick, dissenting, would have construed the statute to permit Gray's entrapment defense and regarded the admission requirement as an unconstitutional condition.