THOMPSON v. STATE

No. 110, September Term, 2005.

901 A.2d 208 (2006)

393 Md. 291

Warren THOMPSON v. STATE of Maryland.

Court of Appeals of Maryland.

June 20, 2006.


Attorney(s) appearing for the Case

Brian M. Saccenti, Assistant Public Defender (Nancy S. Forster, Public Defender, on brief), Baltimore, for petitioner.

Gregory D'Alesandro, Assistant Attorney General (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


BATTAGLIA, J.

The case sub judice presents us with the issue of whether a jury instruction on flight should ever be given in a criminal case. Although we determine that flight instructions are not per se improper, we conclude, nevertheless, that the trial judge abused his discretion in the case at bar in providing a flight instruction to the jury.

Facts

On July 17, 2002, Noah Gottesman, William Beaver, and Bradley Kelly were...

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