The appellant, Odain Gardner, appealed his conviction for first-degree murder.
He was tried jointly with Erick Reid, who was convicted of manslaughter.
Gardner argued the trial judge erred by failing to properly relate material evidence to the issues for the jury and by giving an erroneous after-the-fact conduct instruction.
The Court of Appeal dismissed the appeal, finding that while the trial judge's instructions were not perfect, they were adequate in conveying the central issues of identity and credibility to the jury.
The court also found no reversible error in the after-the-fact conduct instruction, noting it was not circular or prejudicial.