Kenneth Griesemer v. State of Indiana
10 N.E.3d 1015
Ind. Ct. App.2014Background
- Griesemer was convicted of Class A misdemeanor patronizing a prostitute after an undercover operation on East Washington Street.
- Detective McLemore posed as a prostitute; Griesemer offered a ride and discussed payment.
- Griesemer and McLemore discussed $20 for a sexual act; he nodded and signaled for her to get in.
- They drove to a parking lot where uniformed officers arrested him.
- The State charged him with patronizing a prostitute and he was convicted after a bench trial.
- The issue centered on whether the admission and police inducement constituted entrapment and if Griesemer was predisposed to commit the crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was entrapment established as a matter of law? | State contends only opportunity was provided. | Griesemer argues no predisposition; entrapment applies. | Entrapment established; conviction reversed. |
Key Cases Cited
- Lahr v. State, 640 N.E.2d 756 (Ind.Ct.App.1994) (entrapment defense and police inducement framework)
- Dockery v. State, 644 N.E.2d 573 (Ind.Ct.App.1994) (burden shifts to State to prove non-inducement or predisposition)
- McGowan v. State, 674 N.E.2d 174 (Ind.1996) ( State must disprove inducement or prove predisposition)
- Baird v. State, 446 N.E.2d 342 (Ind.1983) (reversal when State presents no predisposition evidence)
- Shelton v. State, 679 N.E.2d 499 (Ind.Ct.App.1997) (mere police setup not enough; predisposition needed)
- Ferge v. State, 764 N.E.2d 268 (Ind.Ct.App.2002) (police initiation with no predisposition evidence insufficient)