Smoak v. State (Majority, with Concurring and Dissenting)Annotate this Case
Appellant David Smoak was convicted by a jury of internet stalking of a child. Smoak appealed, arguing (1) the circuit court erred in denying his motion for a directed verdict because there was insufficient evidence to support his conviction; and (2) the circuit court erred as a matter of law by denying his attempt to utilize an entrapment defense and by failing to instruct the jury on entrapment. The Supreme Court (2) affirmed the circuit court's holding that there was sufficient evidence to support Smoak's conviction; but (2) reversed the court's denial of Smoak's attempt to utilize an entrapment defense, holding that a defendant is entitled to an entrapment instruction whenever there is sufficient evidence from which a reasonable jury could find entrapment, even if the defendant denies one or more elements of the crime. Remanded.