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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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