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18 Indiana opinions name it 2 courts 1979–2014 0 in the last five years
The cases below were cited by Indiana 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.
| Case | Followed | Cited |
|---|---|---|
Dill v. Stategreen2 sentences2014In Dill v. State, our Supreme Court found that the trial court erred in giving a flight instruction to the jury, and it noted that, although the evidence of flight might “be a proper subject for counsel’s closing argument, it does not follow that a trial court should give a discrete instruction highlighting such evidence.” 741 N.E.2d 1230, 1232 (Ind. 2001). 2006See Dill v. State, 741 N.E.2d 1230, 1232 (Ind.2001) (noting that although a flight instruction constitutes error, the jury may consider flight and related conduct in determining a defendant's guilt). | 3 | 4 |
Walker v. Stategreen2 sentences2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant’s trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind.1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore , but noting “this Court has more recently recommended against the use of such instructions”); Walker v. State, 607 N.E.2d 391, 394 (Ind.1993)(holding a flight instruction giv en in a 1991 tri 2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant's trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind. 1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore, but noting "this Court has more recently recommended against the use of such instructions"); Walker v. State, 607 N.E.2d 391, 394 (Ind. 1993)(holding a flight instruction given *1232 in a 19 | 3 | 3 |
Fleenor v. Stategreen2 sentences2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant’s trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind.1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore , but noting “this Court has more recently recommended against the use of such instructions”); Walker v. State, 607 N.E.2d 391, 394 (Ind.1993)(holding a flight instruction giv en in a 1991 tri 2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant's trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind. 1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore, but noting "this Court has more recently recommended against the use of such instructions"); Walker v. State, 607 N.E.2d 391, 394 (Ind. 1993)(holding a flight instruction given *1232 in a 19 | 3 | 3 |
Agnew v. Stategreen2 sentences2001We overrule Agnew v. State, 518 N.E.2d 477, 478 (Ind.1988), which, based only on the assertion that it was a "standard instruction” and "entirely proper,” rejected a claim that a flight instruction unduly highlighted a single aspect of the-evidence. 2001NOTES [1] IND.CODE § 35-43-2-1. [2] IND.CODE § 35-43-4-3. [3] Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be considered, and from which they may draw an inference of guilt in connection with the other evidence presented." Phillips v. State, 550 N.E.2d 1290, 1301 (Ind.1990); Taylor v. State, 495 N.E.2d 710, 713 (Ind.1986). [4] We overrule Agnew v. State, 518 N.E.2d 477, 478 (Ind. 1988), which, based only on the assertion | 2 | 2 |
Bufkin v. Stategreen2 sentences2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant’s trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind.1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore , but noting “this Court has more recently recommended against the use of such instructions”); Walker v. State, 607 N.E.2d 391, 394 (Ind.1993)(holding a flight instruction giv en in a 1991 tri 2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant's trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind. 1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore, but noting "this Court has more recently recommended against the use of such instructions"); Walker v. State, 607 N.E.2d 391, 394 (Ind. 1993)(holding a flight instruction given *1232 in a 19 | 2 | 2 |
Bellmore v. Stategreen2 sentences2003Although the supreme court had recommended against the use of flight instruction language like that used at Petitioner's trial in Bellmore v. State, 602 N.E.2d 111 (Ind.1992), the supreme court did not find that it was error to give a flight instruction until its decision in Dill v. State, 741 N.E.2d 1230 (Ind.2001). 1998Beginning with Bellmore v. State, 602 N.E.2d 111, 119 (Ind.1992), this Court has recommended against the use of the flight instruction. | 1 | 4 |
McCord v. Stategreen2 sentences2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant’s trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind.1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore , but noting “this Court has more recently recommended against the use of such instructions”); Walker v. State, 607 N.E.2d 391, 394 (Ind.1993)(holding a flight instruction giv en in a 1991 tri 2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant's trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind. 1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore, but noting "this Court has more recently recommended against the use of such instructions"); Walker v. State, 607 N.E.2d 391, 394 (Ind. 1993)(holding a flight instruction given *1232 in a 19 | 1 | 2 |
Taylor v. Stategreen2 sentences2001Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be considered, and from which they may draw an inference of guilt in connection with the other evidence presented.” Phillips v. State, 550 N.E.2d 1290, 1301 (Ind.1990); Taylor v. State, 495 N.E.2d 710, 713 (Ind.1986). . 2001NOTES [1] IND.CODE § 35-43-2-1. [2] IND.CODE § 35-43-4-3. [3] Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be considered, and from which they may draw an inference of guilt in connection with the other evidence presented." Phillips v. State, 550 N.E.2d 1290, 1301 (Ind.1990); Taylor v. State, 495 N.E.2d 710, 713 (Ind.1986). [4] We overrule Agnew v. State, 518 N.E.2d 477, 478 (Ind. 1988), which, based only on the assertion | 1 | 2 |
Phillips v. Stategreen2 sentences2001Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be considered, and from which they may draw an inference of guilt in connection with the other evidence presented.” Phillips v. State, 550 N.E.2d 1290, 1301 (Ind.1990); Taylor v. State, 495 N.E.2d 710, 713 (Ind.1986). . 2001NOTES [1] IND.CODE § 35-43-2-1. [2] IND.CODE § 35-43-4-3. [3] Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be considered, and from which they may draw an inference of guilt in connection with the other evidence presented." Phillips v. State, 550 N.E.2d 1290, 1301 (Ind.1990); Taylor v. State, 495 N.E.2d 710, 713 (Ind.1986). [4] We overrule Agnew v. State, 518 N.E.2d 477, 478 (Ind. 1988), which, based only on the assertion | 1 | 2 |
Fisher v. Stategreen2 sentences2001In Fisher v. State, 259 Ind. 633, 647 , 291 N.E.2d 76, 83 (Ind.1973), this Court declined to find error in the trial court’s refusal to give the defendant’s requested instruction informing the jury that it could consider the defendant’s failure to flee as of the time of arrest. 2001In Fisher v. State, 259 Ind. 633, 647 , 291 N.E.2d 76, 83 (Ind.1973), this Court declined to find error in the trial court’s refusal to give the defendant’s requested instruction informing the jury that it could consider the defendant’s failure to flee as of the time of arrest. | 1 | 1 |
Johnson v. Stategreen2 sentences2001Johnson v. State, 258 Ind. 683, 686 , 284 N.E.2d 517, 519 (Ind. 1972). 2001Johnson v. State, 258 Ind. 683, 686 , 284 N.E.2d 517, 519 (Ind. 1972). | 1 | 1 |
State v. Coxgreen2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 | 1 | 1 |
Chandler v. Stategreen1 sentence2001The instruction is confusing, it unnecessarily emphasizes certain evidence, and it has great potential to mislead the jury- This instruction is inherently contradictory because it simultaneously informs the jury that a person’s flight after the commission of a crime is “not proof of guilt” but yet is “evidence of consciousness of guilt” and “may be considered.” The purpose of a jury instruction “is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict.” Chandler v. State, | 1 | 1 |
Ex Parte Clarkgreen2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss. 1998) ("this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value"); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. | 1 | 1 |
Tavares v. Stategreen2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss. 1998) ("this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value"); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. | 1 | 1 |
| Cheney v. Stategreen | 1 | 1 |
| Tanner v. Stategreen | 1 | 1 |
| Ingram v. Stategreen | 1 | 1 |
| Hegg v. Stategreen | 1 | 1 |
| Clemons v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
McCord v. Stategreen2 sentences2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant’s trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind.1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore , but noting “this Court has more recently recommended against the use of such instructions”); Walker v. State, 607 N.E.2d 391, 394 (Ind.1993)(holding a flight instruction giv en in a 1991 tri 2001See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind. 1998) (deciding the issue on the basis of the defendant's trial objection, which was not based on Bellmore, but rather asserted only that the evidence did not support the instruction); Fleenor v. State, 622 N.E.2d 140, 147 (Ind. 1993)(declining to find error in the giving of a flight instruction at trial that occurred in 1983, before our opinion in Bellmore, but noting "this Court has more recently recommended against the use of such instructions"); Walker v. State, 607 N.E.2d 391, 394 (Ind. 1993)(holding a flight instruction given *1232 in a 19 | 1 | 2 |
| Case | Cited | Years |
|---|---|---|
McCary v. State
green
1 sentence2004In his petition for post-conviction relief, Craig argued, among other things, that his trial counsel was ineffective because he (1) failed to object to a flight instruction, (2) failed to request an instruction on the lesser-included offense of reckless homicide, (3) failed to use available evidence to impeach the State's witnesses and to support his claim of self-defense, and (4) failed to adequately question the investigating detective about his conversation with Craig. 2 In Ben-Yisrayl, supra, and McCary v. State, 761 N.E.2d 389 (Ind.2002), reh'g denied, defendants sought to bring post-conv | 1 | 2004–2004 |
Ben-Yisrayl v. State
green
1 sentence2004In his petition for post-conviction relief, Craig argued, among other things, that his trial counsel was ineffective because he (1) failed to object to a flight instruction, (2) failed to request an instruction on the lesser-included offense of reckless homicide, (3) failed to use available evidence to impeach the State's witnesses and to support his claim of self-defense, and (4) failed to adequately question the investigating detective about his conversation with Craig. 2 In Ben-Yisrayl, supra, and McCary v. State, 761 N.E.2d 389 (Ind.2002), reh'g denied, defendants sought to bring post-conv | 1 | 2004–2004 |
Foster v. State
green
1 sentence2001The instruction is confusing, it unnecessarily emphasizes certain evidence, and it has great potential to mislead the jury- This instruction is inherently contradictory because it simultaneously informs the jury that a person’s flight after the commission of a crime is “not proof of guilt” but yet is “evidence of consciousness of guilt” and “may be considered.” The purpose of a jury instruction “is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict.” Chandler v. State, | 1 | 2001–2001 |
Hickory v. United States
green
2 sentences2001Earlier that term in Hickory v. United States, 160 U.S. 408 , 16 S.Ct. 327 , 40 L.Ed. 474 , (1896), the Court also found error in the giving of a flight instruction, finding that it was misleading because it presented the inculpatory inferences but “omitted or obscured the converse aspect.” Id. at 423 , 16 S.Ct. at 333, 40 L.Ed. at 479. 2001Earlier that term in Hickory v. United States, 160 U.S. 408 , 16 S.Ct. 327 , 40 L.Ed. 474 , (1896), the Court also found error in the giving of a flight instruction, finding that it was misleading because it presented the inculpatory inferences but “omitted or obscured the converse aspect.” Id. at 423 , 16 S.Ct. at 333, 40 L.Ed. at 479. | 1 | 2001–2001 |
Alberty v. United States
green
2 sentences2001NOTES [1] IND.CODE § 35-43-2-1. [2] IND.CODE § 35-43-4-3. [3] Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be considered, and from which they may draw an inference of guilt in connection with the other evidence presented." Phillips v. State, 550 N.E.2d 1290, 1301 (Ind.1990); Taylor v. State, 495 N.E.2d 710, 713 (Ind.1986). [4] We overrule Agnew v. State, 518 N.E.2d 477, 478 (Ind. 1988), which, based only on the assertion 2001NOTES [1] IND.CODE § 35-43-2-1. [2] IND.CODE § 35-43-4-3. [3] Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be considered, and from which they may draw an inference of guilt in connection with the other evidence presented." Phillips v. State, 550 N.E.2d 1290, 1301 (Ind.1990); Taylor v. State, 495 N.E.2d 710, 713 (Ind.1986). [4] We overrule Agnew v. State, 518 N.E.2d 477, 478 (Ind. 1988), which, based only on the assertion | 1 | 2001–2001 |
Commonwealth v. Rios
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 | 1 | 2001–2001 |
Germany v. State
green
1 sentence2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss. 1998) ("this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value"); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. | 1 | 2001–2001 |
State v. Thornton
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 | 1 | 2001–2001 |
State v. Taylor
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 | 1 | 2001–2001 |
Walker v. State
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 | 1 | 2001–2001 |
State v. Correia
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss. 1998) ("this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value"); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. | 1 | 2001–2001 |
Clagett v. Commonwealth
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 | 1 | 2001–2001 |
State v. Nesbit
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss. 1998) ("this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value"); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. | 1 | 2001–2001 |
State v. Warren
green
2 sentences2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 2001See, e.g., Ex parte Clark, 728 So.2d 1126 (Ala.1998) (flight instruction proper); State v. Thornton, 187 Ariz. 325 , 929 P.2d 676 (1996) (same); State v. Cox, 251 Conn. 54 , 738 A.2d 652 (1999) (evidence adequate to warrant flight instruction); Tavares v. State, 725 So.2d 803, 806 (Miss.1998) (“this Court held that a flight instruction was appropriate in cases where the flight was unexplained and in cases where the flight has considerable probative value”); Walker v. State, 113 Nev. 853 , 944 P.2d 762 (1997) (flight instruction does not create presumption of guilt); State v. Warren, 348 N.C. 8 | 1 | 2001–2001 |
Kimball v. United States
green
1 sentence2000See Bufkin v. State, 700 N.E.2d 1147, 1151 (Ind.1998) (“this Court has recommended against the use of the flight instruction.”); Walker v. State, 607 N.E.2d 391, 393-94 (Ind.1993) (stating that instruction “is a correct statement of the law,” but “noting” Bellmore); Fleenor v. State, 622 N.E.2d 140, 147 (Ind.1993), ce rt. denied, 513 U.S. 999 , 115 S.Ct. 507 , 130 L.Ed.2d 415 (1994). | 1 | 2000–2000 |
| Hall v. United States green | 1 | 2000–2000 |
| Seeley v. State green | 1 | 1998–1998 |
| Sandstrom v. Montana green | 1 | 1992–1992 |
| Francis v. Franklin green | 1 | 1992–1992 |
| King v. State green | 1 | 1990–1990 |
| Roseberry v. State neutral | 1 | 1989–1989 |
| Frasier v. State green | 1 | 1986–1986 |
| Smith v. State green | 1 | 1986–1986 |
| Thomas v. State green | 1 | 1982–1982 |
| Caveney v. State green | 1 | 1979–1979 |
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.