flight instruction (Iowa) · Go Syfert
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flight instruction in Iowa

12 Iowa opinions name it 2 courts 1967–2016 0 in the last five years

The cases below were cited by Iowa 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 (9)

CaseFollowedCited
State v. Wrenngreen
idaho · 1978 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., People v. Larson, 572 P.2d 815 , 817–18 (Colo. 1977) (en banc) (concluding a flight instruction is not error when the “defendant had reason to believe that he had committed a crime, that his identity was known, that his pursuit and apprehension would probably ensue, and that he fled or concealed himself for any length of time to frustrate this apprehension”); State v. Wrenn, 584 P.2d 1231, 1234 (Idaho 1978) (requiring “other circumstances present and unexplained which, together with the departure, reasonably justify an inference that it was done with a consciousness of guilt and in

2016See, e.g., People v. Larson, 572 P.2d 815 , 817–18 (Colo. 1977) (en banc) (concluding a flight instruction is not error when the “defendant had reason to believe that he had committed a crime, that his identity was known, that his pursuit and apprehension would probably ensue, and that he fled or concealed himself for any length of time to frustrate this apprehension”); State v. Wrenn, 584 P.2d 1231, 1234 (Idaho 1978) (requiring “other circumstances present and unexplained which, together with the departure, reasonably justify an inference that it was done with a consciousness of guilt and in

22
People v. Larsongreen
colo · 1977 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., People v. Larson, 572 P.2d 815 , 817–18 (Colo. 1977) (en banc) (concluding a flight instruction is not error when the “defendant had reason to believe that he had committed a crime, that his identity was known, that his pursuit and apprehension would probably ensue, and that he fled or concealed himself for any length of time to frustrate this apprehension”); State v. Wrenn, 584 P.2d 1231, 1234 (Idaho 1978) (requiring “other circumstances present and unexplained which, together with the departure, reasonably justify an inference that it was done with a consciousness of guilt and in

2016See, e.g., People v. Larson, 572 P.2d 815 , 817–18 (Colo. 1977) (en banc) (concluding a flight instruction is not error when the “defendant had reason to believe that he had committed a crime, that his identity was known, that his pursuit and apprehension would probably ensue, and that he fled or concealed himself for any length of time to frustrate this apprehension”); State v. Wrenn, 584 P.2d 1231, 1234 (Idaho 1978) (requiring “other circumstances present and unexplained which, together with the departure, reasonably justify an inference that it was done with a consciousness of guilt and in

22
United States v. Leonard Peltiergreen
ca8 · 1978 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016We adopted this approach to flight instructions in Bone. 429 N.W.2d at 126–27 (“Unless some evidence exists at the time of flight regarding an accusation of the specific crime charged, and the defendant’s flight is shown to be prompted by an awareness of that accusation and an effort to avoid apprehension or prosecution, it will be error to give a flight instruction.”). 15 United States v. Peltier, 585 F.2d 314, 323 (8th Cir. 1978) (“The validity of drawing these inferences in turn depends upon the number of evidentiary manifestations suggesting defendant’s decision to flee was prompted by con

2016We adopted this approach to flight instructions in Bone. 429 N.W.2d at 126–27 (“Unless some evidence exists at the time of flight regarding an accusation of the specific crime charged, and the defendant’s flight is shown to be prompted by an awareness of that accusation and an effort to avoid apprehension or prosecution, it will be error to give a flight instruction.”). 15 United States v. Peltier, 585 F.2d 314, 323 (8th Cir. 1978) (“The validity of drawing these inferences in turn depends upon the number of evidentiary manifestations suggesting defendant’s decision to flee was prompted by con

22
State v. Bonegreen
iowa · 1988 · cited in 3 Iowa opinions naming this issue, 2014–2016
2 sentences

2016We adopted this approach to flight instructions in Bone. 429 N.W.2d at 126–27 (“Unless some evidence exists at the time of flight regarding an accusation of the specific crime charged, and the defendant’s flight is shown to be prompted by an awareness of that accusation and an effort to avoid apprehension or prosecution, it will be error to give a flight instruction.”). 15 United States v. Peltier, 585 F.2d 314, 323 (8th Cir. 1978) (“The validity of drawing these inferences in turn depends upon the number of evidentiary manifestations suggesting defendant’s decision to flee was prompted by con

2016We adopted this approach to flight instructions in Bone, 429 N.W.2d at 126-27 ("Unless some evidence exists at the time of flight regarding an accusation of the specific crime charged, and the defendant's flight is shown to be prompted by an awareness of that accusation and an effort to avoid apprehension or prosecution, it will be error to give a flight instruction,”). .

13
State v. Wimbushgreen
iowa · 1967 · cited in 3 Iowa opinions naming this issue, 1969–1970
2 sentences

1970State v. Wimbush, [260] Iowa *152 [1262,] 150 N.W.2d 653, 656, 657 , and cases cited.” In holding instruction as to the effect of “flight” may be proper even though there is no direct evidence the accused fled to avoid arrest, we referred to the quote set out above from Bige and held evidence of defendant’s flight was admissible in such instances.

1970State v. Wimbush, Iowa, 150 N.W.2d 653, 656 , 657 and cases cited.

13
State v. Haskinsgreen
iowa · 1982 · cited in 1 Iowa opinions naming this issue, 1984–1984
1 sentence

1984State v. Haskins, 316 N.W.2d 679, 681 (Iowa 1982); State v. Thrasher, 175 N.W.2d 397, 403 (Iowa 1970).

11
State v. Thrashergreen
iowa · 1970 · cited in 1 Iowa opinions naming this issue, 1984–1984
1 sentence

1984State v. Haskins, 316 N.W.2d 679, 681 (Iowa 1982); State v. Thrasher, 175 N.W.2d 397, 403 (Iowa 1970).

11
State v. Galvangreen
iowa · 1970 · cited in 1 Iowa opinions naming this issue, 1984–1984
1 sentence

1984“It was for the jury to say, under all the circumstances, whether [defendant] departed because of his consciousness of guilt.” State v. Galvan, 181 N.W.2d 147, 151 (Iowa 1970) (quoting State v. Bige, 195 Iowa 1342, 1348 , 193 N.W. 17 , 20 (1923)).

11
State v. Johnsongreen
iowa · 1974 · cited in 1 Iowa opinions naming this issue, 1981–1981
1 sentence

1981“It was for the jury to say, under all the circumstances, whether he departed because of his consciousness of guilt.” State v. Bige, 195 Iowa 1342, 1348 , 193 N.W. 17 , 20 (1923), partially overruled on other grounds, State v. Johnson, 217 N.W.2d 609, 612 (Iowa 1975).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Marshgreen
iowa · 1986 · cited in 2 Iowa opinions naming this issue, 1986–1988
2 sentences

1988But cf. State v. Marsh, 392 N.W.2d 132, 134 (Iowa 1986) ("defendant has failed to show he was prejudiced by the flight instruction").

1988In State v. Marsh, 392 N.W.2d 132 (Iowa 1986), our supreme court concluded, under all the facts adduced, the defendant was not prejudiced by the flight instruction given.

12

Also cited on this issue (9)

CaseCitedYears
State v. Bige green
iowa · 1923
2 sentences

1984“It was for the jury to say, under all the circumstances, whether [defendant] departed because of his consciousness of guilt.” State v. Galvan, 181 N.W.2d 147, 151 (Iowa 1970) (quoting State v. Bige, 195 Iowa 1342, 1348 , 193 N.W. 17 , 20 (1923)).

1981“It was for the jury to say, under all the circumstances, whether he departed because of his consciousness of guilt.” State v. Bige, 195 Iowa 1342, 1348 , 193 N.W. 17 , 20 (1923), partially overruled on other grounds, State v. Johnson, 217 N.W.2d 609, 612 (Iowa 1975).

31967–1984
State v. Wullner green
iowactapp · 1986
2 sentences

1988In State v. Wullner, 401 N.W.2d 214 (Iowa App.1986), the court found that the flight instruction was a correct statement of the law and left for the jury's deliberations the determination of why the flight occurred.

1988In State v. Wullner, 401 N.W.2d 214 (Iowa App.1986), the court found that the flight instruction was a correct statement of the law and left for the jury’s deliberations the determination of why the flight occurred.

11988–1988
State v. Brokaw green
iowa · 1984
1 sentence

1987Id.

11987–1987
Barbara Luella Rivers v. United States green
ca9 · 1959
2 sentences

1970Among such acts are flight of the accused and concealment of the results of the crime.’ Rivers v. United States, 9 Cir., 270 F.2d 435, 438 .

1970Among such acts are flight of the accused and concealment of the results of the crime.' Rivers v. United States, 9 Cir., 270 F.2d 435, 438 .

11970–1970
State v. Bester green
iowa · 1969
2 sentences

1970He fled the scene and was later apprehended some eight blocks from his apartment — a factual situation similar to that in State v. Bester, supra, Iowa, 167 N.W.2d at 710-711 , where we said in holding the flight instruction was properly given: “ ‘It is well settled that the conduct of an accused person following the commission of an alleged crime may be circumstantially relevant to prove both the commission of the acts charged to the accused and the intent and purpose with which those acts were committed.

1970He fled the scene and was later apprehended some eight blocks from his apartment—a factual situation similar to that in State v. Bester, supra, Iowa, 167 N.W.2d at 710-711 , where we said in holding the flight instruction was properly given: "`It is well settled that the conduct of an accused person following the commission of an alleged crime may be circumstantially relevant to prove both the commission of the acts charged to the accused and the intent and purpose with which those acts were committed.

11970–1970
State v. Agee green
iowa · 1965
2 sentences

1967It is well supported by our holdings in State v. Barton, 258 Iowa 924 , 140 N.W.2d 886 ; State v. Agee, 257 Iowa 1345 , 136 N.W.2d 419 ; State v. Bige, 195 Iowa 1342 , 193 N.W. 17 ; State v. O’Meara, 190 Iowa 613 , 177 N.W. 563 .

1967It is well supported by our holdings in State v. Barton, 258 Iowa 924 , 140 N.W.2d 886 ; State v. Agee, 257 Iowa 1345 , 136 N.W.2d 419 ; State v. Bige, 195 Iowa 1342 , 193 N.W. 17 ; State v. O’Meara, 190 Iowa 613 , 177 N.W. 563 .

11967–1967
State v. Ford green
iowa · 1966
2 sentences

1967Except for the first sentence it is identical with the flight instruction which we approved in State v. Ford, 259 Iowa 744 , 145 N.W.2d 638 .

1967Except for the first sentence it is identical with the flight instruction which we approved in State v. Ford, 259 Iowa 744 , 145 N.W.2d 638 .

11967–1967
State v. Barton green
iowa · 1966
2 sentences

1967It is well supported by our holdings in State v. Barton, 258 Iowa 924 , 140 N.W.2d 886 ; State v. Agee, 257 Iowa 1345 , 136 N.W.2d 419 ; State v. Bige, 195 Iowa 1342 , 193 N.W. 17 ; State v. O’Meara, 190 Iowa 613 , 177 N.W. 563 .

1967It is well supported by our holdings in State v. Barton, 258 Iowa 924 , 140 N.W.2d 886 ; State v. Agee, 257 Iowa 1345 , 136 N.W.2d 419 ; State v. Bige, 195 Iowa 1342 , 193 N.W. 17 ; State v. O’Meara, 190 Iowa 613 , 177 N.W. 563 .

11967–1967
State v. O'Meara green
iowa · 1920
1 sentence

1967It is well supported by our holdings in State v. Barton, 258 Iowa 924 , 140 N.W.2d 886 ; State v. Agee, 257 Iowa 1345 , 136 N.W.2d 419 ; State v. Bige, 195 Iowa 1342 , 193 N.W. 17 ; State v. O’Meara, 190 Iowa 613 , 177 N.W. 563 .

11967–1967

Statutes the citing opinions construe

IA § Iowa Code § 718.5 (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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