Nature of the Case
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Facts
D owed money to Bateman for cocaine, Bateman wanted D to commit some robberies in Topeka in order to get money. Bateman's girlfriend gave D a gun. They stopped at the Ramada Inn. Then Bateman drove D to a hospital. When Overholt came out of the hospital, Bateman told D to rob her. D approached her and pointed the gun at her. She grabbed the barrel of the gun, and the two struggled. D hit her with the butt of it. D got her wedding rings, and, when she could not get her other ring off, D hit her again with the butt of the gun. Overholt spent three days in the hospital. D then approached Monhollon, and put the gun in Monhollon's ribs, and told him it was a big gun which would 'put a big hole in a big man.' Monhollon got into the driver's seat of his car. D got in behind him. D told him to drive to his residence. At the house, Monhollon was told to lie face down on the floor. D took Monhollon's ring and the cash from his pockets. Monhollon crawled from room to room with D opening storage areas and drawers and pulling or dumping out the contents. D then changed into Monhollon's clothes and shoes and ate and drank Monhollon's food and soft drinks. At gunpoint, D took Monhollon to the back door of the other half of his duplex and instructed him to say his phone was not working. The neighbor, Looka, let him in and D went through Looka's jewelry and dresser drawers. D told Looka to take off her clothes, and he handcuffed her to the faucet in the bathroom. D then ate Looka's ice cream and cookies. With D driving, they set out to find an automatic bank teller machine to use the bank card D had taken from Monhollon's wallet. D then pulled into a residential driveway. After they got inside, Kinney, who had been outside, came into her garage. D pointed the gun at her. When Kinney screamed and tried to run away, D struck her with the gun, and she lost consciousness. After she awoke, D went through the house for money, jewelry, and guns. Monhollon was told to carry the television out to the car. At gunpoint, D gave him the bank card and told him to withdraw his money. Monhollon gave D the money. Bateman was not satisfied with the take and threatened to hurt him and his son if he did not get more. D was instructed to wait until after midnight and then rob the Holidome. Monhollon escaped from the trunk. Police found D underneath a table in the restaurant of the Holidome. D claimed he was totally under the control of Bateman. An expert testified that D suffered from chronic drug dependence and use chronic depression, battered person syndrome and depression arising from it, and an extremely dependent personality disorder. He was of the opinion that D committed the crimes at issue 'under the fear' of Bateman. D was convicted and appealed contesting the following line in a jury instruction: a threat of future injury is not enough, particularly after danger from the threat has passed.
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