Godbolt v. State
Docket Number: | 2010-KA-01035-COA Linked Case(s): 2010-KA-01035-COA ; 2010-CT-01035-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 03-13-2012 Opinion Author: Lee, C.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Murder - Flight instruction Judge(s) Concurring: Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Concurs in Result Only: Barnes, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 03-31-2010 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Robert Shuler Smith Case Number: 09-0-033 |
Party Name: | Attorney Name: | |||
Appellant: | Ricky Godbolt |
WILLIAM R. LABARRE
VIRGINIA LYNN WATKINS
ALISON OLIVER KELLY |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Murder - Flight instruction |
Summary of the Facts: | Ricky Godbolt was found guilty of deliberate design murder. He was sentenced to life. He appeals. |
Summary of Opinion Analysis: | Godbolt argues that the trial court erred in instructing the jury on unexplained flight, as there was no evidence of immediate flight given. A flight instruction is appropriate where flight is highly probative to the facts of a particular case. Godbolt does not dispute that he left the scene of the murder. However, he argues he did not flee the scene in a hurry or as a result of direct confrontation by law enforcement. Thus, he argues his leaving the scene had no probative value to his guilt. For purposes of allowing a jury instruction on flight, it is not relevant how quickly the flight occurred. Here, no explanation was given as to Godbolt’s actions other than his association with the victim’s murder. Where there is evidence of flight and no independent reason for flight, the jury should be allowed to draw an inference of guilt. Godbolt presented no explanation to the trial court that would have precluded the flight instruction. |
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