Howell v. StateAnnotate this Case
The Court of Appeals affirmed the decision of the court of special appeals affirming Defendant's conviction of two counts of criminal attempt for his refusal to testify in a murder trial, holding that Defendant failed to proffer sufficient evidence of duress to generate the defense of duress.
Defendant was called to testify in a murder trial but refused to answer any questions on the basis of the privilege against self-incrimination. The court subsequently issued an order immunizing Defendant and directing him to testify, but Defendant continued to refuse to answer questions. Defendant was subsequently charged with contempt. During the trial, Defendant attempted to raise the common law defense of duress. The trial court rejected the defense as a matter of law and found Defendant guilty of contempt. Defendant appealed, arguing that duress can be a defense to a contempt charge for a refusal to testify. The court of special appeals affirmed. The Court of Appeals agreed, holding that even assuming the defense of duress was available to Defendant, Defendant's proffered evidence failed to generate the defense of duress because the alleged threat was not "present, imminent, and impending."