State v. Harvill

¶1 — Joshua Frank Lee Harvill challenges his conviction for unlawful delivery of cocaine, arguing that he produced sufficient evidence at trial to entitle him to a jury instruction on the defense of duress. The trial court refused to give the duress instruction on the ground that evidence of an explicit threat was necessary, whereas Harvill’s evidence showed only an implicit threat. Because this was an error of law and was not harmless, we reverse the court below and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

¶2 Joshua Frank Lee Harvill sold cocaine to Michael Nolte in a controlled…