State v. RichterAnnotate this Case
The Supreme Court held that an abuser’s ongoing threats of harm over a three-month period may establish a “threat or use of immediate physical force” under Ariz. Rev. Stat. 13-412(A) supporting a defendant’s duress defense to charges of abusing her children.
Defendant and her husband were convicted of the kidnapping and child abuse of their three daughters. At issue on appeal was whether the husband’s threats and abuse of Defendant created a threat of immediate harm sufficient to support a duress defense and whether Defendant’s proposed expert testimony was admissible as observation evidence. The Court of Appeals answered both questions in the affirmative. The Supreme Court vacated a portion of the court of appeals’ opinion, reversed Defendant’s convictions and sentences, and remanded this case for a new trial, holding (1) the trial court erred when it precluded Defendant from raising a duress defense and from introducing evidence in support of that defense; and (2) the expert testimony regarding the psychological effects of Defendant’s husband’s ongoing threats of harm did not constitute permissible observation evidence under Clark v. Arizona, 548 U.S. 735 (2006).