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423 N.W.2d 564

State v. Caldwell

Court of Appeals of Iowa

Decided March 23, 1988

Court of Appeals of Iowa · decided 1988-03-23

Cited by 1 later decisions — most recently May 1995

1 state decisions

Relies on State v. Marsh

Good law ✅— No negative treatment on recordhow we know

Decided 1988-03-23

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HABHAB, Judge

¶1(dissenting).

¶2I dissent. It is true that our supreme court in State v. Marsh, 392 N.W.2d 132 (Iowa 1986), admonished trial courts that flight instructions are “rarely advisable ... and should be cautiously given.” But the court in that same opinion held that the giving of such instruction does not necessarily constitute reversible error. That court affirmed the giving of the flight instruction on several grounds, the more noticeable one being that the defendant failed to show he was prejudiced by the flight instruction.

¶3Likewise in the case before us, I find from an examination of the record that the defendant was not prejudiced by the giving of the flight instruction. The evidence establishing the defendant’s guilt is overwhelming. Therefore I would affirm the trial court as to its giving of the flight instruction.

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