This section contains the nature of the case and procedural background.

Otto was 82 and drove his wife to the shopping mall. Otto waited in his car while his wife had lunch. LaFleur (D) and Holm (D1) approached Otto's car, and each displayed a gun and forced Otto to relinquish control of the car. They drove to a remote area and then killed Otto. Otto was shot several times including in the head. D and D1 blamed each other for the initiation of the killing and their motion to sever their trials was granted. D was convicted on all counts. D contends that the court erred by refusing to instruct the jury on voluntary manslaughter in that he participated in the murder under the duress of D1 who allegedly held D at gunpoint and ordered that D shoot Otto.

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