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PEOPLE v. GAFKEN

No. 161835.

990 N.W.2d 826 (2022)

510 Mich. 503

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Theresa Marie GAFKEN, Defendant-Appellant.

Supreme Court of Michigan.

Decided December 29, 2022.

Attorney(s) appearing for the Case

Dana Nessel, Attorney General, Fadwa A. Hammoud, Solicitor General, Michael D. Wendling, Prosecuting Attorney, and Melissa J. Keyes, Senior Assistant Prosecuting Attorney, for the people.

Bush Seyferth PLLC (by Derek J. Linkous, Troy, and Jeffrey A. Turner) for defendant.

Douglas Lloyd, Kym L. Worthy, Detroit, Jon P. Wojtala, Trenton, and Timothy A. Baughman, Detroit, for the Prosecuting Attorneys Association of Michigan, amicus curiae.

BEFORE THE ENTIRE BENCH

OPINION

Two terms ago, in People v Reichard, 505 Mich. 81, 949 N.W.2d 64 (2020), this Court unanimously held that duress may be asserted as an affirmative defense to felony murder if it is a defense to the underlying felony. This case asks whether Reichard's rationale extends to allowing duress to be asserted...

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