BANYARD v. STATE

No. 2006-CT-01843-SCT.

47 So.3d 676 (2010)

Demarious Latwan BANYARD a/k/a Lil Murray a/k/a Mur-Mur v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied December 2, 2010.


Attorney(s) appearing for the Case

Robert B. McDuff , Bryan A. Stevenson , attorneys for appellant.

Office of the Attorney General by Ladonna C. Holland , attorney for appellee.

EN BANC.


ON WRIT OF CERTIORARI

LAMAR, Justice, for the Court:

¶ 1. Demarious Banyard was convicted of capital murder and sentenced to life in prison without the possibility of parole. Banyard appealed, claiming, among other things, that the trial court erred when it refused his proffered duress instruction. Finding that Banyard was entitled to have an instruction given the jury which presented his theory of the case, we reverse and remand for a new trial...

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