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STATE v. WHITAKER

No. 96777-6.

459 P.3d 1074 (2020)

STATE of Washington, Respondent, v. John Alan WHITAKER, Petitioner.

Supreme Court of Washington.

Filed March 19, 2020.

Attorney(s) appearing for the Case

Neil Martin Fox , Law Office of Neil Fox, PLLC, 2125 Western Ave. Ste. 330, Seattle, WA, 98121-3573, for Petitioner.

Mary Kathleen Webber , Snohomish County Prosecutors Office, Msc. 504, 3000 Rockefeller Ave., Everett, WA, 98201-4061, Prosecuting Attorney Snohomish, Snohomish County Prosecuting Attorney, 3000 Rockefeller Ave. M/s 504, Everett, WA, 98201, for Respondent.

¶ 1 Duress generally excuses a person who commits a crime if they are threatened with immediate death or grievous bodily injury. RCW 9A.16.060. Faced with such grave danger, a person may be excused for choosing the lesser evil. State v. Harvill, 169 Wn.2d 254, 262,

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