McMillan v. State
51 A.3d 623
Md.2012Background
- McMillan, charged with murder in Prince George’s County, defended that his voluntary participation was coerced by two accomplices; he requested a duress instruction at trial which was denied; he was acquitted of some charges and convicted of first-degree felony murder; intermediate appellate court upheld duress issue but rejected its applicability to felony murder; Maryland supreme court granted certiorari to decide if duress applies to felony murder and the proper elements; court held duress is a defense to felony murder and remanded for new trial; key coercive statements occurred during the car ride and knock on the door; the defense argued duress could apply to underlying robbery in felony murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is duress a defense to felony murder? | McMillan contends duress applies to felony murder. | State argues duress does not apply to murder/felony murder. | Yes; duress is viable as a defense to felony murder. |
| What is the required scope of duress (continuous vs. during act) for felony murder? | Duress need not be present for the entire crime; focus is on coerced act. | Some jurisdictions require continuous duress throughout the offense. | Duress need only be present during the coerced act, not necessarily the entire crime. |
| Should the jury be instructed on duress under MPJI-CR 5.03? | There was some evidence supporting duress; jury instruction warranted. | Duress instruction not applicable or fairly covered by other instructions. | Yes; the court properly instructed that duress could excuse the act if four elements were shown. |
| Is duress duplicative of aiding and abetting instructions, or must it be separately addressed? | Duress is distinct from voluntariness in aiding/abetting; requires separate instruction. | Aiding/abetting covers voluntariness aspects; no separate instruction needed. | Duress instruction must be separately addressed and not conflated with aiding/abetting. |
Key Cases Cited
- Frasher v. State, 8 Md.App. 439 (Md. Ct. App. 1970) (duress defense applicable to crimes generally but its relation to murder discussed as dictum)
- Wentworth v. State, 29 Md.App. 110 (Md. Ct. App. 1975) (duress may not fully exculpate in murder; defense limited in murder cases)
- Williams v. State, 101 Md.App. 408 (Md. Ct. App. 1994) (duress/withdrawal considerations in aiding-and-abetting contexts)
- Cantine v. State, 160 Md.App. 391 (Md. Ct. App. 2004) (withdrawal from conspiracy; distinctions between duress and withdrawal)