On Thursday, October 13, BSP Law attorney Jeff Turner argued before the Michigan Supreme Court. BSP represents Ms. Theresa Gafken pro-bono in People v. Gafken. Ms. Gafken was involved in a car crash that resulted in a woman’s death while she was fleeing from the police. At trial, she was prevented from introducing evidence that she fled from the police only because a passenger threatened to kill her if she did not. After the trial court excluded this evidence, she was convicted of second-degree murder.
This case involves the questions (a) whether the common-law duress defense applies in homicide cases where a defendant does not intend to kill another person and (b) whether second-degree murder in Michigan requires a defendant to subjectively appreciate the risk their conduct causes to others.
To watch Jeff’s argument, click here.