People v. Martin
People v. Martin
Opinion of the Court
Pursuant to a plea agreement,
Our review of the record reveals no clear error in the trial court’s denial of defendant’s motion whether reviewed pursuant to the test for entrapment applicable at the time the trial court rendered its decision, see People v Turner, 390 Mich 7; 210 NW2d 336 (1973), or the recent variation of the objective test announced by the Supreme Court in People v Juillet, 439 Mich 34; 475 NW2d 786 (1991). See People v Fabiano, 192 Mich App 523; 482 NW2d 467 (1992).
The police did not initiate contact with the informant. After a souring of the relationship between the informant and defendant, the informant contacted the police and provided them with the information that defendant was involved in drug trafficking. There is no dispute that the informant subsequently made several controlled purchases of drugs from defendant. However, beyond this point, the record reveals two vastly divergent stories. One portrays defendant as a cautious but ready supplier of cocaine while the other portrays defendant as a targeted bystander badgered and cajoled into providing the drugs to the informant. Our colleague in her dissent has chosen to accept the latter version whereas the trial court, being in the best position to judge credibility, chose the former. We will not substitute our judgment for that of the trial court.
Additionally, we feel compelled to address the
Affirmed.
Dissenting Opinion
(dissenting). I respectfully dissent.
The record indicates that the police knew the informant in this case, Robert McEwen, was a longtime friend of defendant. The police were also
In People v Fabiano, 192 Mich App 523, 526; 482 NW2d 467 (1992), this Court held that the Supreme Court decision in People v Juillet, 439 Mich 34; 475 NW2d 786 (1991), effectively changed the nature of the objective test for entrapment so that entrapment is present if the police either engaged in impermissible conduct that would induce a law-abiding person similarly situated to the defendant to commit the crime or engaged in conduct so reprehensible that it cannot be tolerated by the Court. People v Williams, 196 Mich App 656; 493 NW2d 507 (1992). Entrapment exists if either prong of this test is met. Id. Under the circumstances of this case, where, in the face of defendant’s reluctance to sell, the police capitalized on
Case-law data current through December 31, 2025. Source: CourtListener bulk data.