What is the test for instructing a jury with the flight instruction where there is evidence of a defendant's flight?

California, United States of America


The following excerpt is from People v. Holmes, E059565 (Cal. App. 2014):

4. See People v. Mendoza (2000) 24 Cal.4th 130, 179 [the court is required to instruct the jury with the flight instruction where there is evidence of a defendant's flight].)

5. For ease of reference the Newton brothers hereinafter will be referred to by their first names.

Other Questions


What is the test for giving the jury an instruction that permissively informed the jury that "if" it concluded defendant fled after committing the attempted robbery, (1) evidence of flight may be considered evidence of guilt? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
Is a defendant's failure to propose any modification to a flight instruction forfeits a claim of instructional error? (California, United States of America)
What is the effect of the Court's refusal of a defendant's request to instruct the jury not to consider specific evidence in their instructions? (California, United States of America)
Is there any evidence warranting a voluntary manslaughter instruction where the evidence shows that a defendant shot and killed a man he believed was his wife's paramour? (California, United States of America)
Is evidence of domestic violence committed by the Defendant against the Defendant not inadmissible under section 1101 of the California Evidence Code? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
What is the test for limiting instructions to the jury in a case where a co-defendant admitted in evidence against another defendant of the same alleged crime? (California, United States of America)
Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)
Does defendant have any grounds of objection to the instruction in his personal injury case where he objected to the reference in the instruction to evidence of threats? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.