Scenario

In January of this year, Maria Carter visited the Capital Pawn Shop in the town of River Ridge in your state, a small town on the state line. While taking in her engagement ring to see what it might be worth, Maria noticed that the pawn shop had a large inventory of gold coins, bars, and jewelry, as well as a small selection of handguns. Maria decided to see if she could rob the store to solve her money problems.

Maria typically tried to rob stores when no one was present to avoid violence, but as she looked around the store, she saw several security systems she did not think she could circumvent, and that both the gold and guns were displayed in open safes, which would likely be locked at night. Maria was not a safecracker, and the safes were too large to steal and open later. She determined that to rob the store, she would need to do so while the store, and the safes, would be open. She noticed an armed security guard was watching customers as they came and went, but he also seemed to spend time watching one of the televisions mounted on the wall.

Maria called a neighbor, Stevie Roberts, who had a reputation as someone who didn't mind flashing his guns around to get what he wanted. She asked him to stop over to discuss a mutually beneficial opportunity, and together they planned an armed robbery of the pawn shop. Maria would provide information about the layout of the building, the security, and the guard, and Stevie would commit the robbery, with an additional friend of his, Lenny Lewis, serving as a lookout.

Stevie Roberts and Lennie Lewis arrived at the pawn shop later in January, and Lennie stationed himself across the street with a clear view into the shop through a large window, and a line of sight in both directions down the street to watch for traffic or police. Stevie entered the pawn shop, drew his gun, and demanded the guard lay flat on his stomach, then aimed the gun at the clerk, handed him a gym bag, and told him to step away from the gun safe and put the gold and jewelry in the bag. As Stevie loaded the handguns into a backpack, he noticed Lennie across the street waving his hands frantically.Distracted, Stevie did not notice the guard had crawled toward him, and the store clerk had pulled a gun from the safe.The store clerk shot Stevie in the thigh and side, and Stevie turned on the clerk, reflexively striking him in the head with his own gun, which was not loaded, knocking him unconscious.

Stevie, bleeding, saw Lennie running toward the door, and held his gun against the security guard, demanding he helps him escape. He put his arm over the guard's shoulder, and together they limped out of the pawnshop to the sidewalk, where Lennie was screaming into his phone at someone, demanding they come and pick him up at a nearby park. A police car approached, and as the officer got out of the car, Lennie reached out toward Stevie as if to help, but instead grabbed the gun. He then shoved Stevie toward the police officer, who was knocked to the ground with Stevie's struggling weight on top of him. Lennie pointed the gun at the security guard, grabbed his arm, and told him to start running. Lennie and the guard ran toward a nearby park, while the police officer called for backup and began to administer first aid to Stevie, who died from blood loss before medical help arrived.

Lennie and the guard ran to a nearby park, where they hid amid some construction equipment until a car arrived. Lennie shoved the guard ahead of him and told him at gunpoint to climb into the back seat. Lennie also sat in the back and told the driver, Will Davis, to head toward a marina a few miles away. Will asked what was going on, and Lennie said that the robbery went sideways, Stevie had been shot and captured, and he was keeping the guard to keep him quiet until they were in the clear. Lennie told Will the police were looking for him, but not this car, and he was heading to a boat he owned to hide out. Will suggested crossing the river and approaching the marina from the other side, and Lennie agreed. Will crossed the river, entered the neighboring state, and drove for several miles before crossing back into the original state and onto the marina.

Once at the marina, the three of them climb onboard a small boat, and Lennie hands Will the gun and instruct him to keep the guard in a small cabin below the deck. Will complies, and over the next several hours, the boat moves slowly up and down the river, stopping at marinas on both sides where Will was instructed to go inside and see if there was any news about a manhunt, and to buy some food. About 25 hours after the robbery, Will went into a marina and was arrested, and a SWAT team descended on the boat, arresting Lennie and rescuing the security guard. Maria Carter was also arrested based on statements made by Stevie before he died.

Question:

After several meetings with Will, he has become more comfortable talking to you about the case, and during a meeting at the prison, he asks about Lennie Lewis. You tell him that Lennie accepted a plea bargain and is already in prison, where he will spend the next 20 years. Will is quiet for a moment, then tells you he hasn't been completely honest with you. He goes on to tell you that a few years back he obtained a fake identification from Lennie so he could buy cigarettes, and somehow that was the age that was recorded by the police when he was arrested. You ask him his age, and he tells you he is not 19 years old, but only 15. He then tells you that he was drinking with friends when Lennie called and demanded he picks them up after the robbery, and Lennie said if Will didn't come right away, Lennie would have someone "hurt" Will's little sister.

You return to the law office and read the transcript from Lennie's grand jury, and you see that the kidnapped guard had testified that Will had confided in him that he was sorry for what he was doing and that Will had mentioned the threats against his sister. The guard further said that Will kept drinking from what seemed to be a flask and that his speech was slurred, and that he stumbled while walking.

As you sit down and discuss all these findings with attorney DeBee, she instructs you to file a motion to Dismiss the charges against Will based on Indiana laws relating to infancy, intoxication, and duress. Using the applicable law and cases that have dealt with this issue in the state of Indiana, make a motion to dismiss, along with a Memorandum in support of your Motion, that examines the following:

• In the Motion, explain to the court the applicable statute or case law that is the basis for the Motion.
• In the Memorandum, analyze how the law applies to the facts of this case.
• Apply the law to the facts to illustrate and justify why Will Davis should not be charged based on those defenses.

Be sure to refer to at least one current case for each issue in your memorandum of law and that all citations are correct pursuant to The Bluebook. Prepare the Motion and Memorandum of Law for my signature.