State v. Tuttle
Utah Supreme Court
730 P.2d 630 (1986)
- Written by Rose VanHofwegen, JD
Facts
Wesley Tuttle (defendant) claimed he escaped from prison under duress. Tuttle and inmate Eugene Brady were assigned repair work in a visiting room. Brady said someone told him other inmates were going to kill them if they returned to the main corridor. Already outside several security checkpoints and dressed in maintenance uniforms, the inmates simply walked out unnoticed. Authorities found Tuttle five months later and charged him with escaping from custody. Tuttle claimed the death threat forced him to escape and requested a jury instruction reciting the general Utah duress-defense statute. The trial judge read the general instruction but added three additional conditions: duress would excuse Tuttle’s escape only if he (1) faced a specific threat of death or substantial bodily injury, (2) either had no time to complain to the authorities or could show a history of futile complaints, and (3) reported to the authorities immediately afterward. The jury convicted. Tuttle appealed, arguing the judge had improperly narrowed the duress defense.
Rule of Law
Issue
Holding and Reasoning (Zimmerman, J.)
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