McMillan v. State
Annotate this CasePetitioner was convicted of first-degree felony murder. Petitioner's defense at trial was that his participation in the crimes with which he was charged was coerced. Petitioner argued on appeal that the trial court's refusal to instruct the jury with respect to duress was error. The court of special appeals affirmed, rejecting, in the process, the State's argument that the defense of duress is not applicable to felony murder. The Supreme Court reversed, holding (1) in Maryland, duress is a defense to felony murder; but (2) to establish and be entitled to the defense of duress, a defendant need not first prove he attempted to stop or thwart the offense that he was compelled to commit. Remanded for a new trial.
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