United States v. Haney
United States Court of Appeals for the Tenth Circuit
287 F.3d 1266 (2002)
After a television program wrongly identified escaped inmate Francis as a white-supremacist gang member, sparking racial tensions at the penitentiary where he was recaptured, Francis believed he had to escape again before being seriously hurt and enlisted Haney (defendant) to help gather escape materials. On the planned escape night, Haney convinced Francis it would be safer to get caught in the act and be separated from the general population, and Francis agreed and left the materials in the yard until officials caught him. Both Haney and Francis were charged with possessing escape materials and attempted escape; Francis's jury received a duress instruction based on the threats against him, but Haney's request for the same instruction was denied, and he was convicted and appealed.
Whether an individual may raise a duress defense when the threat of harm was directed at a co-conspirator rather than at the individual himself.