David Smoak v. State of Arkansas

Summary

The court affirmed that substantial evidence supported Smoak’s conviction for internet stalking of a child, based on his sexually explicit communications, efforts to arrange a meeting, and possession of condoms. The court reversed and remanded because Arkansas defendants may deny the charged offense while also seeking an entrapment instruction when sufficient evidence would permit a reasonable jury to find entrapment. Justice Corbin, joined by Justice Gunter, would have affirmed because Smoak failed to proffer an entrapment instruction; Justice Baker, also joined by Justice Gunter, agreed with adopting the new rule but would have found any instructional error harmless.