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Tag Archives: Flight

Criminal Practice – Flight – Back Home to Florida – Sentencing – Georgia Conviction (access required)

State v. Davis Even though defendant was a Florida resident, the state showed that he had been living at his aunt’s house in Hendersonville before the shooting, but that after the shooting – which occurred at 2:30 a.m. – defendant did not return to his aunt’s house but returned to Florida instead. Defendant’s decision to leave the state and return to Florida at such an unusual hour is an action outside his likely normal pattern of behavior; as such, the trial court did not err in instructing the jury on flight.

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Criminal Practice – Search & Seizure – Flight – Resisting Arrest – No Probable Cause (access required)

State v. White Responding to a noise complaint, police officers saw defendant running away and arrested him for resisting a public officer. With no showing that it was the police that defendant was running away from or that he was involved in the source of the noise complaint or any other illegal activity, the state failed to show that the police had probable cause to arrest defendant. We reverse the trial court’s denial of defendant’s motion to suppress evidence that the police gathered as a result of his arrest.

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Criminal Practice – Search & Seizure – Resisting, Delaying or Obstructing – Flight – Consensual Conversation (access required)

State v. Joe Even though defendant was in an area known for illegal drug transactions, and even though he turned and walked away when he saw a police vehicle, this did not constitute resisting, delaying or obstructing a police officer. We affirm the trial court’s grant of defendant’s motion to dismiss.

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Criminal Practice – Evidence – Shackles During Transfer – First Impression – Flight – Hearsay – Present Sense Impression – Shooting Victim (access required)

State v. Capers. (Lawyers Weekly No. 10-07-1228, 21 pp.) (Martha A. Geer, J.) Appealed from Cleveland County Superior Court. (J. Gentry Caudill, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though a defendant in ...

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