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State V. Maumalanga

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eBook details

  • Title: State V. Maumalanga
  • Author : Hawaii Supreme Court
  • Release Date : January 30, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

We issued a writ of certiorari to review the decision of the Intermediate Court of Appeals (ICA) in State v. Maumalanga, No. 20146 (Haw. Ct. App. Aug. 11, 1998) [hereinafter, the "ICA's opinion"]. In his application for a writ of certiorari, Maumalanga asserts that (1) the ICA (a) improperly held that common-law "considerations" may be incorporated into the choice of evils defense set forth in Hawaii Revised Statutes (HRS) § 703-302 (1993)  and (b) having determined that an erroneous choice of evils instruction had been given, erred in holding that there was no reasonable possibility that the instruction contributed to Maumalanga's conviction of place to keep loaded firearm, and (2) the trial court committed plain error in failing to give a specific unanimity instruction pursuant to this court's holding in State v. Arceo, 84 Hawaii 1, 928 P.2d 843 (1996).


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