Davis v. State

I respectfully dissent to the majority’s holding that “it is settled law that duress is not a defense to escape in this jurisdiction.” Majority, at 110. In the most recent case cited by the majority, this Court expressly held that “although a duress instruction might be appropriate in a proper fact situation, the facts of the instant case did not merit one.” Grider v. State, 737 P.2d 1227, 1228 (Okla.Crim.App.1987).

The defense of duress is recognized in three Oklahoma statutes. See 21 O.S.1981, §§ 152(7), 155, 156. “[T]he statutory language places no restriction on the kinds of crimes for…