State v. Ethridge

I respectfully dissent from the majority opinion’s conclusion that the trial court did not err in including the Pattern Jury Instruction for flight in its jury instructions. Therefore, I would grant defendant a new trial. Specifically, I take issue with the majority’s conclusion that sufficient evidence of avoiding apprehension was offered by the State to warrant such an instruction.

As the majority notes, the relevant inquiry in determining whether an instruction on flight is properly offered is “whether there is evidence that defendant left the scene . . . and took steps to avoid…