As the Georgia Supreme Court observed, "if the confidential informant acts as the entrapper, and if the defendant can show that he has an arguably persuasive defense of entrapment—the [S]tate might have a duty to produce such a witness." Boatright v. State , 260 Ga. 534, 536(1)(c), 397 S.E.2d 689 (1990). Hampton obviously made an arguably persuasive case of entrapment, as the trial court charged the jury on the defense.
The disclosure of the identity of a confidential informant is warranted only if the evidence demonstrates "an arguably persuasive defense of entrapment." Boatright v. State, 260 Ga. 534, 536 (1) (c) ( 397 SE2d 689) (1990). "In Georgia, the entrapment defense consists of three distinct elements: (1) the idea for the commission of the crime must originate with the state agent; (2) the crime must be induced by the agent's undue persuasion, incitement, or deceit; and (3) the defendant must not be predisposed to commit the crime."