Law Review and Bar Journal References:

Perjury in Kansas, 13 W.L.J. 479, 493 (1974).

"Criminal Law: Marshaling the Defense—Indigent Defendants Guaranteed Psychiatric Assistance at Trial to Explain Battered Woman Syndrome [Dunn v. Roberts, 963 F.2d 308 (10 th Cir. 1992)]," Teresa Herdman, 32 W.L.J. 249, 257 (1993).

CASE ANNOTATIONS

1. Evidence raising defense of compulsion properly excluded when no immediate threat shown. State v. Milum, 213 Kan. 581, 516 P.2d 984.

2. Cited; presumption that person possesses a free will and is accountable for his rational conduct; exceptions. State v. Jones, 2 Kan. App. 2d 220, 226, 577 P.2d 357.

3. Cited; threat of harm must be "imminent". State v. Jones, 2 Kan. App. 2d 220, 224, 577 P.2d 357.

4. Refusal to instruct on compulsion or duress under facts of case; aggravated juvenile delinquency charge. State v. Bolden, 2 Kan. App. 2d 470, 472, 473, 581 P.2d 1195.

5. Defense of compulsion (K.S.A. 21-3209) not available if defendant had reasonable opportunity to escape compulsion without committing crime. State v. Harrison, 228 Kan. 558, 559, 560, 561, 618 P.2d 827.

6. Existence of nuclear power plant does not constitute compulsion or threat which justifies criminal activity. State v. Greene, 5 Kan. App. 2d 698, 700, 623 P.2d 933.

7. Statute on compulsion not violative of constitutional rights; defendant had reasonable opportunity to avoid doing act without undue exposure to death or serious bodily harm. State v. Rider, Edens & Lemons, 229 Kan. 394, 409, 625 P.2d 425.

8. Mentioned in discussing meaning of "reasonable"; not unconstitutionally vague as used in K.S.A. 21-3608(1)(b). State v. Fisher, 230 Kan. 192, 193, 631 P.2d 239 (1981).

9. Defense of compulsion not available when evidence shows compulsion was not always imminent, continuous and was interrupted; defendant had ample opportunity to escape compulsion. State v. Myers, 233 Kan. 611, 613, 616, 664 P.2d 834 (1983).

10. Defense not available on murder or voluntary manslaughter charges nor where elements of compulsion not existing. State v. Crispin, 234 Kan. 104, 111, 671 P.2d 502 (1983).

11. Where compulsion is defense to underlying felony, it is equally a defense to charge of felony murder. State v. Hunter, 241 Kan. 629, 642, 740 P.2d 559 (1987).

12. Trial court's refusal to instruct jury on defense of compulsion examined. State v. Dunn, 243 Kan. 414, 430, 758 P.2d 718 (1988).

13. Compulsion defense is applicable to absolute liability traffic offenses. State v. Riedl, 15 Kan. App. 2d 326, 328, 807 P.2d 697 (1991).

14. Right to call witnesses for defense, application of defense of compulsion in escape from custody (K.S.A. 21-3810) cases examined. State v. Pichon, 15 Kan. App. 2d 527, 811 P.2d 517 (1991).

15. Trial court erred in denying compulsion instruction; sufficient evidence to present a triable issue of fact. Dunn v. Roberts, 768 F. Supp. 1442, 1448 (1991).

16. Compulsion defense applicable; evidence satisfied requirements of enumerated conditions. State v. Irons, 250 Kan. 302, 306, 309, 827 P.2d 722 (1992).

17. Compulsion defense not available to persons having reasonable opportunity to avoid criminal act nor to persons connecting themselves with criminal activities. State v. Scott, 250 Kan. 350, 358, 827 P.2d 733 (1992).

18. Trespass on abortion clinic property examined; justification by necessity defense noted as not available in Kansas. City of Wichita v. Tilson, 253 Kan. 285, 290, 855 P.2d 911 (1993).

19. Sufficiency of jury instruction on compulsion defense, battered person syndrome and voluntary intoxication examined. State v. Crawford, 253 Kan. 629, 635, 638, 641, 861 P.2d 791 (1993).

20. Whether court erred by excluding evidence of threats subsequent to arrest against defendant claiming compulsion examined. State v. Davis, 256 Kan. 1, 6, 11, 883 P.2d 735 (1994).

21. Compulsion is not an available statutory defense to first and second-degree premeditated murder. State v. Matson, 260 Kan. 366, 384, 921 P.2d 790 (1996).

22. Trial court's granting prosecution motion to prohibit defendant from relying on compulsion defense upheld. State v. Alexander, 24 Kan. App. 2d 817, 953 P.2d 685 (1998).

23. Evidence sufficient to establish criminal intent in habitual violator action; compulsion defense unavailable. State v. Bateson, 25 Kan. App. 2d 90, 99, 958 P.2d 44 (1998).

24. Cited; refusal to instruct jury on defendant's compulsion defense upheld. State v. Anderson, 287 Kan. 325, 331, 334, 339, 197 P.3d 409 (2008).

25. Cited; under case facts trial court did not err in refusing to instruct jury on compulsion defense. State v. Baker, 287 Kan. 345, 352, 362, 197 P.3d 421 (2008).

26. Compulsion defense discussed and applied; requested instruction denial upheld. State v. Harvey, 41 Kan. App. 2d 104, 202 P.3d 21 (2009).

27. Compulsion defense available to defendant escapee that claimed he reasonably believed there was imminent threat of death or substantial bodily injury to wife. State v. Ottinger, 46 Kan. App. 2d 647, 264 P.3d 1027 (2011).

This website has moved to KSRevisor.gov