United States Court of Appeals for the Tenth Circuit
287 F.3d 1266 (2002)
Francis escaped from prison, and after he escaped, “America’s Most Wanted” wrongly described Francis as a member of the Aryan Brotherhood, a white-supremacist group. Racial tensions were sparked at the penitentiary where Francis was housed after he was re-captured and Francis believed that his only option was to escape from the penitentiary before he was severely hurt. Francis sought the help of Haney (defendant) to escape from the penitentiary again. Haney helped to gather different objects to aid in the escape, but on the night of the proposed escape, convinced Francis that it would be best to get caught trying to escape in order to be separated from the rest of the prisoners. Francis agreed and left the escape objects across the prison yard until he was caught by prison officials and taken into custody. Haney and Francis were both charged with possession of escape objects in prison and of attempted escape. At Francis’s trial, the jury was instructed on a duress defense, but this duress defense was denied at Haney’s trial. Haney was convicted of attempted escape and appealed his conviction, claiming that, like Francis, he was entitled to a duress defense.
Rule of Law
Holding and Reasoning (Henry, J.)
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