State v. Harvill
Washington Supreme Court
234 P.3d 1166 (2010)
An informant, Michael Nolte, made more than 10 aggressive, intimidating phone calls to Joshua Harvill (defendant) pressuring him to sell cocaine, including four calls on the day of the sale while Harvill was out with his family. Harvill, who knew Nolte was physically larger and had a reputation for harming people, testified he feared immediate harm to himself or his family if he refused, and sold Nolte the drugs. The trial court denied Harvill's request for a jury instruction on duress because Nolte never verbally threatened violence, and Harvill was convicted and appealed.
Whether the affirmative defense of duress is appropriate when there is a direct or indirect threat of immediate bodily harm to an individual who reasonably believes the threat will be carried out if he does not perform an illegal act.