Legal Opinion

People v. Mendoza

Michigan Court of Appeals

Decided August 18, 1981No. Docket 52583PublishedCited by 13 opinions

1Opinion of the CourtAllen, J.

What must a defendant show before the affirmative defense of duress can be submitted to a jury in a trial for prison escape? Defendant raises this issue of first impression after the trial court refused to submit the duress defense to a jury and defendant was convicted on May 7, 1980, of prison escape. MCL 750.193; MSA 28.390. Defen dant was sentenced to 18 months to five years in prison and appeals by right.

Defendant filed a notice of intent to assert a defense of duress as required by MCL 768.21b; MSA 28.1044(2). The prosecution requested that the trial court order defendant to submit more…

2Cases cited20 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. BaileySupreme Court of the United States · 1980
  3. United States v. KirbySupreme Court of the United States · 1869
  4. People v. GrimmettMichigan Supreme Court · 1972
  5. People v. MerrittMichigan Supreme Court · 1976

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3Cited by13 opinions

  1. Wells v. StateCourt of Appeals of Alaska · 1984
  2. State v. FrancoisSupreme Court of Iowa · 1998
  3. People v. CrousoreMichigan Court of Appeals · 1987
  4. United States v. CollierCourt of Appeals for the Sixth Circuit · 2007
  5. People v. JohnsonColorado Court of Appeals · 2013

8 more not listed; retrieve them via the Exa API.

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