Robertson v. State
2012 Del. LEXIS 158
| Del. | 2012Background
- Robertson was charged with Assault First Degree, Possession of a Deadly Weapon During a Felony, and Possession of a Deadly Weapon by a Person Prohibited for a fight with Herd in a Wilmington apartment complex parking lot.
- Robertson testified she held an open double blade knife for defense and did not intend to stab Herd, who was armed primarily via her own testimony.
- Herd testified she was cut and bled heavily after the encounter; Pita testified Herd antagonized Robertson and that he did not see Robertson’s knife until after leaving the scene.
- Robertson and Pita fled the scene; Robertson later avoided police and did not turn herself in after learning of an outstanding warrant.
- At trial, the jury was instructed that evidence of flight could be considered to show consciousness of guilt but not as proof of character.
- Robertson was convicted of Assault Second Degree and the weapon offenses; she appealed claiming improper flight instruction and failure to instruct Assault Third Degree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Flight instruction constitutionality | Robertson: flight instruction not warranted and violates Article IV, Section 19. | State: flight evidence supports consciousness of guilt; instruction proper. | Flight instruction proper; not a violation. |
| Inclusion of Assault Third Degree | Robertson: lesser-included offense should be instructed where rational basis exists. | State: no rational basis for Assault Third Degree given defense and evidence. | No error in refusing included offense instruction. |
Key Cases Cited
- Thomas v. State, 467 A.2d 954 (Del. 1983) (flight instruction appropriate when evidence supports consciousness of guilt)
- Staats v. State, 902 A.2d 1129 (Del. 2006) (flight evidence may support instruction (overruled on other grounds))
- Wright v. State, 953 A.2d 144 (Del. 2008) (overruled Staats regarding flight instruction standards)
- Johnson v. State, 312 A.2d 630 (Del. 1973) ("better rule" to permit flight evidence as tending to consciousness of guilt)
- Miller v. State, 893 A.2d 937 (Del. 2006) (lesser-included offense analysis for Assault Third Degree)
- Capital Management Co. v. Brown, 813 A.2d 1094 (Del. 2002) (general standard for jury instructions on law and proof)