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State v. Harvill | 450 A.2d 984 (Super.Pa. 1981)
Virtually all states recognize duress as a defense to criminal charges. Duress excuses criminal conduct if the defendant can show she was coerced to participate in a crime by an immediate threat of serious harm that a person of reasonable firmness wouldn’t have resisted under the circumstances. In State versus Harvill, the court considered whether a threat must be explicit to establish duress.
The Cowlitz County Sheriff’s Office arranged for informant Michael Nolte to buy cocaine from Nolte’s coworker, Joshua Harvill. In the days before the sale, Nolte called Harvill nine or ten times, insisting that Harvill get Nolte some cocaine. Nolte’s tone during these calls was aggressive, but he never explicitly threatened Harvill. However, Harvill knew that Nolte, who was much bigger than Harvill, had previously been involved in fights and had stabbed a man. Harvill also believed that Nolte used steroids.
On the day of the sale, Nolte called Harvill four more times. Harvill received two of these calls while at a restaurant with his family. Harvill went through with the sale to Nolte.
Harvill was arrested and charged with unlawful delivery of cocaine. At trial, Harvill testified that he was afraid of Nolte. Harvill said he perceived Nolte’s repeated requests for drugs as a threat that if he didn’t get Nolte cocaine, then Nolte would hurt him or his family. The trial court refused Harvill’s request to instruct the jury on the defense of duress because Harvill didn’t claim that Nolte had threatened him explicitly. The jury convicted Harvill. The Washington Court of Appeals affirmed. The Washington Supreme Court granted review.
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