flight instruction in Rhode Island

2009It is well established in this jurisdiction that “relevant evidence of flight may be introduced as a circumstance bearing on the question of guilt that may be presented to the jury for consideration.” Cooke, 479 A.2d at 732 ; see In re Caldarone, 115 R.I. 316, 326 , 345 A.2d 871, 876 (1975). 7 In determining whether a flight instruction is appropriate in a particular case, this Court in Cooke, 479 A.2d at 732-33 , expressly adopted the four-part “chain of inferences” approach that is set forth in United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977). 8 In adopting that approach, we held i

2009It is well established in this jurisdiction that “relevant evidence of flight may be introduced as a circumstance bearing on the question of guilt that may be presented to the jury for consideration.” Cooke, 479 A.2d at 732 ; see In re Caldarone, 115 R.I. 316, 326 , 345 A.2d 871, 876 (1975). 7 In determining whether a flight instruction is appropriate in a particular case, this Court in Cooke, 479 A.2d at 732-33 , expressly adopted the four-part “chain of inferences” approach that is set forth in United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977). 8 In adopting that approach, we held i

2004“However, for a flight instruction to be valid, it need not cover or explicitly articulate each link in the chain of inferences detailed in Cooke.” State v. Perry, 725 A.2d 264, 267 (R.I.1999).

2004As we have previously stated, however, “for a flight instruction to be valid, it need not cover or explicitly articulate each link in the chain of inferences detailed in Cooke.” Perry, 725 A.2d at 267 .

2009It is well established in this jurisdiction that “relevant evidence of flight may be introduced as a circumstance bearing on the question of guilt that may be presented to the jury for consideration.” Cooke, 479 A.2d at 732 ; see In re Caldarone, 115 R.I. 316, 326 , 345 A.2d 871, 876 (1975). 7 In determining whether a flight instruction is appropriate in a particular case, this Court in Cooke, 479 A.2d at 732-33 , expressly adopted the four-part “chain of inferences” approach that is set forth in United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977). 8 In adopting that approach, we held i

2009It is well established in this jurisdiction that “relevant evidence of flight may be introduced as a circumstance bearing on the question of guilt that may be presented to the jury for consideration.” Cooke, 479 A.2d at 732 ; see In re Caldarone, 115 R.I. 316, 326 , 345 A.2d 871, 876 (1975). 7 In determining whether a flight instruction is appropriate in a particular case, this Court in Cooke, 479 A.2d at 732-33 , expressly adopted the four-part “chain of inferences” approach that is set forth in United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977). 8 In adopting that approach, we held i

2009Id. at 230-31 (quoting State v. Correia, 707 A.2d 1245, 1249 (R.I.1998)).

2005Id. at 230-31 (quoting State v. Correia, 707 A.2d 1245, 1249 (R.I.1998)).

2009“It is well settled that this Court will not examine a single sentence apart from the rest of the instructions, but rather the challenged portions must be examined in the context in which they were rendered.” Kittell, 847 A.2d at 849 (internal quotation marks omitted); see also Catty, 899 A.2d at 497 .

2009“It is well settled that this Court will not examine a single sentence apart from the rest of the instructions, but rather the challenged portions must be examined in the context in which they were rendered.” Kittell, 847 A.2d at 849 (internal quotation marks omitted); see also Catty, 899 A.2d at 497 .

2009It is well established in this jurisdiction that “relevant evidence of flight may be introduced as a circumstance bearing on the question of guilt that may be presented to the jury for consideration.” Cooke, 479 A.2d at 732 ; see In re Caldarone, 115 R.I. 316, 326 , 345 A.2d 871, 876 (1975). 7 In determining whether a flight instruction is appropriate in a particular case, this Court in Cooke, 479 A.2d at 732-33 , expressly adopted the four-part “chain of inferences” approach that is set forth in United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977). 8 In adopting that approach, we held i

2009Those inferences are (1) “something the defendant did led him [or her] to flee;” (2) defendant “fled out of consciousness of guilt;” (3) defendant’s “consciousness of guilt derived from consciousness of guilt concerning the crime charged;” and (4) defendant’s “consciousness of guilt concerning a crime charged reflects actual guilt of the crime charged.” Id. at 732-33 (citing Myers, 550 F.2d at 1049 ).

2009“Thus, a trial justice’s decision to administer a flight instruction will not be disturbed unless there is an obvious paucity of evidence tending to allow a reasonable juror to infer guilt.” State v. Mendoza, 889 A.2d 153, 163 (R.I.2005).

2009“Thus, a trial justice’s decision to administer a flight instruction will not be disturbed unless there is an obvious paucity of evidence tending to allow a reasonable juror to infer guilt.” State v. Mendoza, 889 A.2d 153, 163 (R.I.2005).

2004Finally, we conclude that the flight instruction by the first trial justice, although perhaps not an exemplar of clarity, adequately apprised the jury of the law pertaining to flight. ‘We have regularly held that we shall affirm a trial justice’s jury instructions when, examined in their entirety from the perspective of a jury of ordinary intelligent lay people, the instructions adequately cover the law and neither reduce nor shift the state’s burden of proof.” State v. Reiser, 796 A.2d 471, 472 (R.I.2002) (mem.).

1998See State v. Figueroa, 673 A.2d 1084, 1091 (R.I.1996) (noting that Super.R.Crim.P. 30 requires a parly to state " ‘distinctly the matter to which the party objects and the grounds of the party’s objections’").

1984State v. McGehearty, 121 R.I. 55, 60 , 394 A.2d 1348, 1351 (1978).

1984State v. McGehearty, 121 R.I. 55, 60 , 394 A.2d 1348, 1351 (1978).

1984See State v. Rodriquez, 478 A.2d 171 (R.I.1984).