flight instruction in Oklahoma

31 Oklahoma opinions name it 1 courts 1975–2026 3 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
Mitchell v. Stategreen oklacrimapp · 1993 · cited in 14 Oklahoma opinions naming this issue, 1994–2011 2 sentences 1997In his first proposition of error, Petitioner asserts reversal is warranted because he was given the flight instruction condemned by this Court in Mitchell v. State, 876 P.2d 682, 685-86 (Okl.Cr.1993). 1996The Court’s application of Mitchell v. State, 876 P.2d 682 (Okl.Cr.1993) [corrected by 887 P.2d 335 (Okl.Cr.1994) ] failed to consider that the jury may *633 have substituted the “consciousness of guilt” presumption in the flight instruction for the intent required of first degree murder. 6.	3	14
Harrington v. Richtergreen scotus · 2011 · cited in 2 Oklahoma opinions naming this issue, 2017–2017 2 sentences 2017"The likelihood of a different result must be substantial, not just conceivable." Harrington v. Richter , 562 U.S. 86, 112, 131 S.Ct. 770, 792, 178 L.Ed.2d 624 (2011). ¶58 Appellant asserts that defense counsel was ineffective for failing to challenge the flight instruction. 2017"The likelihood of a different result must be substantial, not just conceivable." Harrington v. Richter , 562 U.S. 86, 112, 131 S.Ct. 770, 792, 178 L.Ed.2d 624 (2011). ¶58 Appellant asserts that defense counsel was ineffective for failing to challenge the flight instruction.	1	2
Farrar v. Stategreen oklacrimapp · 1973 · cited in 2 Oklahoma opinions naming this issue, 1994–1997 2 sentences 1997Thus, the flight instruction was properly given under Farrar v. State, 505 P.2d 1355, 1360-61 (Okl.Cr.1973). 1997Thus, the flight instruction was properly given under Farrar v. State, 505 P.2d 1355, 1360-61 (Okl.Cr.1973).	1	2
Kamees v. Stategreen oklacrimapp · 1991 · cited in 2 Oklahoma opinions naming this issue, 1995–1995 2 sentences 1995In Kamees v. State, 815 P.2d 1204, 1206 (Okl.Cr. 1991) the appellant argued it was error to give a flight instruction because the act of running away completed the element of "carrying away" for grand larceny. 1995In Kamees, 815 P.2d at 1206 , the appellant argued it was error to give a flight instruction because the act of running away completed the element of "carrying away" for grand larceny.	1	2
Faretta v. Californiagreen scotus · 1975 · cited in 1 Oklahoma opinions naming this issue, 2023–2023 1 sentence 2023Faretta v. California , 422 U.S. 806, 818 (1975); Mitchell v. State , 2016 OK CR 21, ¶ 4 , 387 P.3d 934, 937 .	1	1
Rock v. Arkansasgreen scotus · 1987 · cited in 1 Oklahoma opinions naming this issue, 1997–1997 2 sentences 1997He relies on Rock v. Arkansas, 483 U.S. 44, 52-53 , 107 S.Ct. 2704, 2708-10 , 97 L.Ed.2d 37, 46-47 (1987), where the Supreme Court held the right to testify “is essential to due process in a fair adversary process” and “the choice of whether to testify in one’s own defense is an exercise of the constitutional privilege.” Thus, where the flight instruction is given, without prior notice, after the close of the case, the State per se impermissibly infringed on his constitutional right to testify. 1997He relies on Rock v. Arkansas, 483 U.S. 44, 52-53 , 107 S.Ct. 2704, 2708-10 , 97 L.Ed.2d 37, 46-47 (1987), where the Supreme Court held the right to testify “is essential to due process in a fair adversary process” and “the choice of whether to testify in one’s own defense is an exercise of the constitutional privilege.” Thus, where the flight instruction is given, without prior notice, after the close of the case, the State per se impermissibly infringed on his constitutional right to testify.	1	1
Doyle v. Ohiogreen scotus · 1976 · cited in 1 Oklahoma opinions naming this issue, 1996–1996 2 sentences 1996Compare Doyle v. Ohio, 426 U.S. 610, 617, n. 7 , 96 S.Ct. 2240, 2244, n. 7 , 49 L.Ed.2d 91 (1976) ("[U]nless prosecutors are allowed wide leeway in the scope of impeachment cross-examination some defendants would be able to frustrate the truth-seeking function of a trial by presenting tailored defenses insulated from effective challenge."). 1996Compare Doyle v. Ohio, 426 U.S. 610, 617, n. 7 , 96 S.Ct. 2240, 2244, n. 7 , 49 L.Ed.2d 91 (1976) ("[U]nless prosecutors are allowed wide leeway in the scope of impeachment cross-examination some defendants would be able to frustrate the truth-seeking function of a trial by presenting tailored defenses insulated from effective challenge.").	1	1
Powell v. Nevadagreen scotus · 1994 · cited in 1 Oklahoma opinions naming this issue, 1994–1994 2 sentences 1994See Griffith v. Kentucky, 479 U.S. 314, 328 , 107 S.Ct. 708, 716 , 93 L.Ed.2d 649, 661 (1987) (wherein the Supreme Court held that a “new rule for the conduct of criminal prosecutions ... applies retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a clear break with the past.”) See also Powell v. Nevada, — U.S. -, 114 S.Ct. 1280 , 128 L.Ed.2d 1 (1994). 1994See Griffith v. Kentucky, 479 U.S. 314, 328 , 107 S.Ct. 708, 716 , 93 L.Ed.2d 649, 661 (1987) (wherein the Supreme Court held that a “new rule for the conduct of criminal prosecutions ... applies retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a clear break with the past.”) See also Powell v. Nevada, — U.S. -, 114 S.Ct. 1280 , 128 L.Ed.2d 1 (1994).	1	1
Griffith v. Kentuckygreen scotus · 1987 · cited in 1 Oklahoma opinions naming this issue, 1994–1994 2 sentences 1994See Griffith v. Kentucky, 479 U.S. 314, 328 , 107 S.Ct. 708, 716 , 93 L.Ed.2d 649, 661 (1987) (wherein the Supreme Court held that a “new rule for the conduct of criminal prosecutions ... applies retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a clear break with the past.”) See also Powell v. Nevada, — U.S. -, 114 S.Ct. 1280 , 128 L.Ed.2d 1 (1994). 1994See Griffith v. Kentucky, 479 U.S. 314, 328 , 107 S.Ct. 708, 716 , 93 L.Ed.2d 649, 661 (1987) (wherein the Supreme Court held that a “new rule for the conduct of criminal prosecutions ... applies retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a clear break with the past.”) See also Powell v. Nevada, — U.S. -, 114 S.Ct. 1280 , 128 L.Ed.2d 1 (1994).	1	1
Mills v. Stategreen oklacrimapp · 1979 · cited in 1 Oklahoma opinions naming this issue, 1987–1987 1 sentence 1987Mills v. State, 594 P.2d 374, 382 (Okl.Cr.1979).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (19)

Case	Cited	Years
Strickland v. Washington green scotus · 1984 2 sentences 2004Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984). ¶ 130 Appellant further claims his trial counsel was ineffective for failing to rebut the "evidence" of flight or request a flight instruction. 2004Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984). ¶ 130 Appellant further claims his trial counsel was ineffective for failing to rebut the "evidence" of flight or request a flight instruction.	4	1995–2018
Oklahoma Petroleum Workers' Compensation Ass'n v. Mid-Continent Casualty Co. red oklacivapp · 1994 2 sentences 1996The Court’s application of Mitchell v. State, 876 P.2d 682 (Okl.Cr.1993) [corrected by 887 P.2d 335 (Okl.Cr.1994) ] failed to consider that the jury may 633 have substituted the “consciousness of guilt” presumption in the flight instruction for the intent required of first degree murder. 6. 1995*These concerns were recently addressed in our decision in Mitchell v. State, 876 P.2d 682 (Okl.Cr.1993), corrected in 887 P.2d 335 (Okl.Cr.1994).	2	1995–1996
STATE v. ARMSTRONG neutral oklacrimapp · 2025 2 sentences 2026Harris v. State , 1989 OK CR 15 773 P.2d 1273 In State v. Armstong , 2025 OK CR 3 , ¶ 12, 564 P.3d 466 , 469, the Court of Criminal Appeals clarified that this limiting instruction should be used for a defendant's refusal to take either a blood or a breath alcohol test. 2026Harris v. State , 1989 OK CR 15 773 P.2d 1273 In State v. Armstong , 2025 OK CR 3 , ¶ 12, 564 P.3d 466 , 469, the Court of Criminal Appeals clarified that this limiting instruction should be used for a defendant's refusal to take either a blood or a breath alcohol test.	1	2026–2026
Harris v. State green oklacrimapp · 1989 2 sentences 2026Harris v. State , 1989 OK CR 15 773 P.2d 1273 In State v. Armstong , 2025 OK CR 3 , ¶ 12, 564 P.3d 466 , 469, the Court of Criminal Appeals clarified that this limiting instruction should be used for a defendant's refusal to take either a blood or a breath alcohol test. 2026Harris v. State , 1989 OK CR 15 773 P.2d 1273 In State v. Armstong , 2025 OK CR 3 , ¶ 12, 564 P.3d 466 , 469, the Court of Criminal Appeals clarified that this limiting instruction should be used for a defendant's refusal to take either a blood or a breath alcohol test.	1	2026–2026
MITCHELL v. STATE green oklacrimapp · 2016 2 sentences 2023Faretta v. California , 422 U.S. 806, 818 (1975); Mitchell v. State , 2016 OK CR 21, ¶ 4 , 387 P.3d 934, 937 . 2023Faretta v. California , 422 U.S. 806, 818 (1975); Mitchell v. State , 2016 OK CR 21, ¶ 4 , 387 P.3d 934, 937 .	1	2023–2023
WILLIAMSON v. STATE green oklacrimapp · 2018 2 sentences 2021Any language in Mitchell , its progeny, and cases cited therein, that require an explanation of departure before the flight instruction is given are hereby overruled." Williamson v. State , 2018 OK CR 15, ¶ 51 , 422 P.3d 752, 762 . 6 "The [flight] instruction given narrows a jury's consideration of the facts regarding a defendant's actions after the crime and allows them to determine whether the actions constitute flight. 2021Any language in Mitchell , its progeny, and cases cited therein, that require an explanation of departure before the flight instruction is given are hereby overruled." Williamson v. State , 2018 OK CR 15, ¶ 51 , 422 P.3d 752, 762 . 6 "The [flight] instruction given narrows a jury's consideration of the facts regarding a defendant's actions after the crime and allows them to determine whether the actions constitute flight.	1	2021–2021
Jones v. State green oklacrimapp · 2006 2 sentences 2011Hancock v. State, 2007 OK CR 9, ¶ 104 , 155 P.3d 796, 820 ; Jones v. State, 2006 OK CR 5, ¶ 43 , 128 P.3d 521, 539 ; Mitchell v. State, 1993 OK CR 56, ¶¶7-11 , 876 P.2d 682, 684-85 . 2011Hancock v. State, 2007 OK CR 9, ¶ 104 , 155 P.3d 796, 820 ; Jones v. State, 2006 OK CR 5, ¶ 43 , 128 P.3d 521, 539 ; Mitchell v. State, 1993 OK CR 56, ¶¶7-11 , 876 P.2d 682, 684-85 .	1	2011–2011
Hancock v. State green oklacrimapp · 2007 2 sentences 2011Hancock v. State, 2007 OK CR 9, ¶ 104 , 155 P.3d 796, 820 ; Jones v. State, 2006 OK CR 5, ¶ 43 , 128 P.3d 521, 539 ; Mitchell v. State, 1993 OK CR 56, ¶¶7-11 , 876 P.2d 682, 684-85 . 2011Hancock v. State, 2007 OK CR 9, ¶ 104 , 155 P.3d 796, 820 ; Jones v. State, 2006 OK CR 5, ¶ 43 , 128 P.3d 521, 539 ; Mitchell v. State, 1993 OK CR 56, ¶¶7-11 , 876 P.2d 682, 684-85 .	1	2011–2011
Farley v. State green oklacrimapp · 1986 2 sentences 2006The trial court then gave the flight instruction, OUJI-CR 2d 9-8, during first stage over defense objection. ¶ 43 We find no Fifth Amendment violation here where Jones neither testified nor was asked questions about his pre-arrest silence, and this Court's holding in Farley v. State, 1986 OK CR 42, ¶¶ 4-6 , 717 P.2d 111 , 112-113 is not applicable. 2006The trial court then gave the flight instruction, OUJI-CR 2d 9-8, during first stage over defense objection. ¶ 43 We find no Fifth Amendment violation here where Jones neither testified nor was asked questions about his pre-arrest silence, and this Court's holding in Farley v. State, 1986 OK CR 42, ¶¶ 4-6 , 717 P.2d 111 , 112-113 is not applicable.	1	2006–2006
Furman v. Georgia green scotus · 1972 2 sentences 1997Right to be Free of Cruel and Unusual Punishment Appellant contends that because the flight instruction (1) stripped him of the presumption of innocence and (2) relieved the State of its burden of proof of proving each element of the crime beyond a reasonable doubt, the sentencing stage was tainted and unreliable under Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). 1997Right to be Free of Cruel and Unusual Punishment Appellant contends that because the flight instruction (1) stripped him of the presumption of innocence and (2) relieved the State of its burden of proof of proving each element of the crime beyond a reasonable doubt, the sentencing stage was tainted and unreliable under Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972).	1	1997–1997
Brooks v. Tennessee green scotus · 1972 2 sentences 1996The Mitchell rule applies only when a flight instruction is administered during the first stage of trial. [38] 406 U.S. 605 , 92 S.Ct. 1891 , 32 L.Ed.2d 358 (1972). [39] Id. at 612 , 92 S.Ct. at 1895 . [40] Charm did not cite any legal authority for his bald assertion that he had the right to take the stand for the limited purpose of expressing remorse to the family members of his victim. 1996The Mitchell rule applies only when a flight instruction is administered during the first stage of trial. [38] 406 U.S. 605 , 92 S.Ct. 1891 , 32 L.Ed.2d 358 (1972). [39] Id. at 612 , 92 S.Ct. at 1895 . [40] Charm did not cite any legal authority for his bald assertion that he had the right to take the stand for the limited purpose of expressing remorse to the family members of his victim.	1	1996–1996
McGautha v. California green scotus · 1971 2 sentences 1996This Court’s interpretation of McGautha v. California, 402 U.S. 183, 220 , 91 S.Ct. 1454, 1474 , 28 L.Ed.2d 711 (1971), as holding the right to allocution is not a constitutional right, is erroneous. 7. 1996This Court’s interpretation of McGautha v. California, 402 U.S. 183, 220 , 91 S.Ct. 1454, 1474 , 28 L.Ed.2d 711 (1971), as holding the right to allocution is not a constitutional right, is erroneous. 7.	1	1996–1996
Paxton v. State green oklacrimapp · 1993 2 sentences 1995Further, [the flight instruction] informed the jury that it must determine whether [defendant’s] conduct in leavmg the scene constituted flight, and that m doing so it must consider all the evidence presented at trial.” Paxton, 867 P.2d at 1317-1318 . 1995Further, [the flight instruction] informed the jury that it must determine whether [defendant's] conduct in leaving the scene constituted flight, and that in doing so it must consider all the evidence presented at trial." Paxton, 867 P.2d at 1317-1318 .	1	1995–1995
Rivers v. State green oklacrimapp · 1994 2 sentences 1995“Specifically, we must determine whether, when viewed in the context of the other evidence, the evidence of [Spears’] alleged flight tend[ed] to establish [his] guilt or innocence.” Rivers, 889 P.2d at 292 . 1995Rivers, 889 P.2d at 292 .	1	1995–1995
Scott v. State green oklacrimapp · 1988 2 sentences 1990Scott v. State, 751 P.2d 758 (Okl.Cr.1988). 1990Scott v. State, 751 P.2d 758 (Okl.	1	1990–1990
Hutson v. State neutral oklacrimapp · 1976 1 sentence 1985Campbell v. State, 636 P.2d 362 (Okl.Cr. 1981), cert, den., 460 U.S. 1011 , 103 S.Ct. 1250 , 75 L.Ed.2d 479 ; Hutson v. State, 550 P.2d 969 (Okl.Cr.1976).	1	1985–1985
Campbell v. Oklahoma green scotus · 1983 1 sentence 1985Campbell v. State, 636 P.2d 362 (Okl.Cr. 1981), cert, den., 460 U.S. 1011 , 103 S.Ct. 1250 , 75 L.Ed.2d 479 ; Hutson v. State, 550 P.2d 969 (Okl.Cr.1976).	1	1985–1985
Goldenberg v. United States green scotus · 1983 2 sentences 1985Campbell v. State, 636 P.2d 362 (Okl.Cr. 1981), cert, den., 460 U.S. 1011 , 103 S.Ct. 1250 , 75 L.Ed.2d 479 ; Hutson v. State, 550 P.2d 969 (Okl.Cr.1976). 1985Campbell v. State, 636 P.2d 362 (Okl.Cr. 1981), cert, den., 460 U.S. 1011 , 103 S.Ct. 1250 , 75 L.Ed.2d 479 ; Hutson v. State, 550 P.2d 969 (Okl.Cr.1976).	1	1985–1985
Potter v. State green oklacrimapp · 1973 1 sentence 1975Potter v. State, Okl.Cr., 511 P. 2d 1120 (1973).	1	1975–1975

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.7 (13) OK § Okla. Stat. tit. 21, § 701.12 (7) OK § Okla. Stat. tit. 21, § 701.13 (6) OK § Okla. Stat. tit. 21, § 801 (5) OK § Okla. Stat. tit. 12, § 2104 (4) OK § Okla. Stat. tit. 12, § 2403 (4) OK § Okla. Stat. tit. 21, § 1287 (4) OK § Okla. Stat. tit. 21, § 701.8 (4) OK § Okla. Stat. tit. 22, § 1084 (4) OK § Okla. Stat. tit. 12, § 2801 (3) OK § Okla. Stat. tit. 21, § 702 (3) OK § Okla. Stat. tit. 22, § 1089 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 196 (1951–2026) MS 82 (1984–2026) OH 74 (2003–2026) TN 51 (1985–2026) AZ 51 (1968–2024) FL 46 (1983–2014) NC 33 (1986–2026) OK 31 (1975–2026) PA 24 (1946–2023) NV 23 (1970–2025) MD 20 (2006–2026) MI 19 (2009–2025) IN 18 (1979–2014) CO 12 (1976–2026) IA 12 (1967–2016) UT 11 (1983–2021) RI 9 (1984–2009) NJ 9 (1992–2025) VA 8 (1993–2026) DC 8 (1980–2017) OR 7 (1977–1978) MT 6 (1999–2021) SD 6 (1975–2009) CT 6 (1989–2018) MO 5 (1925–1975) DE 5 (1983–2025) IL 5 (1966–1979) AL 4 (1998–2023) GA 4 (1991–2020) LA 4 (1998–2013) WY 3 (2000–2016) WA 2 (1974–2024) KS 2 (1979–2004) VT 2 (2020–2023) ID 2 (2014–2022) NY 2 (1987–1995) TX 2 (1986–1995) AK 2 (1967–1996) ME 2 (2018–2018) MA 2 (2010–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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