Monday, November 13, 2017

21. Fleeing a Law Enforcement Officer on Foot.

The Supreme Court upheld the "fleeing police on foot" statute and affirmed a conviction in a trial where the judge denied a "voluntary intoxication" instruction where the defendant claimed she lacked the "specific intent" to commit the crime.

THE CRIME:  In 2010, Officer Jeffrey Imming arrived after a man had been repeatedly stabbed at Sunny's Bar near Chicago and Lake in Minneapolis.  Witnesses identified Demario Lawrence as the stabber.  Lawrence and Sharon Karen Wilson were standing outside the bar.  When Officer Imming spoke to them, Lawrence and Wilson fled.  When Lawrence dropped a knife, Wilson picked it up and continued running.  When Officer Imming caught Wilson, he fell and shattered his ankle.  Officer Jeffry Jindra then apprehended both Lawrence and Wilson.  The knife was recovered shortly thereafter.

Wilson was charged with fleeing an officer on foot.  She was denied a "voluntary intoxication" instruction, and a Hennepin County jury convicted her.  

The Court of Appeals upheld the conviction and the district court's denial of a "voluntary intoxication" instruction which would have supported Wilson's "specific intent" defense, because the Court of Appeals held that "fleeing on foot" was a general intent crime which would not be excused by a "voluntary intoxication" defense.

On May 22, 2013, the Supreme Court upheld the conviction and both the district judge and the Court of Appeals.  See here. 

     First, the Supreme Court held that the offense of fleeing a peace officer by means other than a motor vehicle is a specific-intent crime.

     Second, the Supreme Court held that, when determining whether a defendant is entitled to a voluntary intoxication jury instruction, the evidence is viewed in a light most favorable to the defendant.

     Third, the Supreme Court held that the district court’s failure to give a voluntary intoxication jury instruction was harmless beyond a reasonable doubt. Affirmed.



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