State v. Ortiz
Hawaii Intermediate Court of Appeals
1Opinion of the Court
Opinion of the Court by
WATANABE, J.
This appeal requires us to determine the applicability of the affirmative defenses of duress and choice of evils to a prison escape situation. Defendant-Appellant Larry Ortiz (Ortiz), who is appealing his conviction, following a jury verdict, of Escape in the Second Degree, contends that the Circuit Court of the First Circuit (the circuit court) reversibly erred by: (1) refusing to instruct the jury as to the affirmative defense of duress; (2) precluding evidence of duress that occurred subsequent to the escape; and (3) wrongly instructing the jury as to the…
2Cases cited13 opinions
- United States v. BaileySupreme Court of the United States · 1980
- People v. LovercampCalifornia Court of Appeal · 1974
- State v. HolbronHawaii Supreme Court · 1995
- State v. FukusakuHawaii Supreme Court · 1997
- People v. UngerIllinois Supreme Court · 1977
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3Cited by4 opinions
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- State v. SumeraHawaii Supreme Court · 2002
- State v. MASAOKAHawaii Intermediate Court of Appeals · 2008
- State v. KIKUTAHawaii Intermediate Court of Appeals · 2010