Banyard v. State

ON WRIT OF CERTIORARI

LAMAR, Justice,

for the Court:

¶ 1. Demarious Banyard was convicted of capital murder and sentenced to life in prison without the possibility of parole. Banyard appealed, claiming, among other things, that the trial court erred when it refused his proffered duress instruction. Finding that Banyard was entitled to have an instruction given the jury which presented his theory of the case, we reverse and remand for a new trial.

*679FACTS AND PROCEDURAL HISTORY

¶ 2. Demarious Banyard and Dennis Ragsdale1 were indicted by a Hinds County grand jury for the capital murder of Robin…