MSC Rules Duress Defense Applies to 2d Degree Murder Car Crash
Yesterday, in a 4-3 decision with a concurrence and two dissenting opinions, the Michigan Supreme Court ruled that duress is an available defense to one form of 2d Degree Murder - willful and wanton disregard that the natural tendency of the act is to cause death or great bodily harm - often referred to as "depraved heart" murder. Justice Bridget McCormack , probably writing her final opinion as a member of the bench, was joined by Justices Bernstein, Cavanagh and Welch in the opinion in People v Gafken , Docket No. 161835 . Theresa Gafken was convicted of second degree murder in the St. Clair County Circuit Court, MCL 750.317. The evidence showed she drove her car, while running from the police, at speeds in excess of 100 MPH. She ran a red light and collided with other vehicles, killing one person and severely injuring several others. The prosecution's theory was that Gafken had intended to do an act that was in willful and wanton disregard of the likelihood of