Is a defense counsel incompetent for failure to raise the defense of entrapment?

California, United States of America


The following excerpt is from People v. Langley, 116 Cal.Rptr. 80, 41 Cal.App.3d 339 (Cal. App. 1974):

In view of the foregoing, defense counsel was not incompetent for failure to raise the defense of entrapment since such a defense was not available to him. There is here no showing of improper or compelling persuasion on behalf of the police officers. Here, the police merely afforded an opportunity for a willing seller of a controlled substance. (See, People v. Asta (1967) 251 Cal.App.2d 64, 80--81, 59 Cal.Rptr. 206.)

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