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Criminal procedure — Jury instruction — Flight

Jarvis Coleman-Fuller, appellant, was convicted by a jury sitting in the Circuit Court for Washington County of possession of heroin and possession of cocaine.

Appellant raises the following three questions on appeal, which we have rephrased for clarity: I. Did the trial court err in denying appellant’s motion for a mistrial after the court admitted into evidence a statement he made to the police that was not provided in discovery? II. Did the trial court err in instructing the jury on flight because the instruction: 1) violated appellant’s rights against self-incrimination, and 2) was not generated by the evidence? III. Did the trial court err in allowing the State in closing argument to impinge appellant’s right against self-incrimination by highlighting that he did not testify?

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