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McClam v. United States

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Appeal from the Superior Court of the District of Columbia (Hon. Ellen Segal Huvelle, Trial Judge)

Argued March 6, 2001

John McClam appeals his convictions of first-degree burglary, see D.C. Code � 22-1801 (a) (1996 Repl.), kidnapping while armed, see D.C. Code �� 22-2101 (kidnapping), -3202 (committing a crime while armed), armed robbery, see D.C. Code �� 22- 2901(robbery), -3202 (committing a crime while armed), and assault, see D.C. Code � 22-501. The trial court ruled that because appellant denied committing any crimes, he could not avail himself of the defense of duress. Appellant raises numerous issues on appeal, *fn1 most significantly that the trial court erroneously denied him jury instructions and argument on his theory of duress. We hold that the trial court abused its discretion in refusing to allow appellant to present a duress defense and denying appellant the duress instruction. We thus reverse and remand for a new trial.

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