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State v. Maxwell

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eBook details

  • Title: State v. Maxwell
  • Author : Hawaii Supreme Court
  • Release Date : January 01, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

We issued a writ of certiorari to review the published decision of the Intermediate Court of Appeals (ICA) in State v. Perez, No. 20880 (Haw. Ct. App. Oct. 23, 1998) (hereinafter the "ICAs decision"). In its application for certiorari, the prosecution asserts that the ICA erroneously vacated Perezs convictions of attempted second degree murder, in violation of Hawaii Revised Statutes (HRS) §§ 705-500 (1993), 707-701.5 (1993), and 706-656 (1993) (Count I), attempted assault in the first degree, in violation of HRS §§ 705-500 and 707-710 (1993) (Count II), and two counts of reckless endangering in the first degree, in violation of HRS § 707-713 (1993) (Counts III and V). Specifically, the prosecution contends that the ICA erred in holding that two of the circuit courts jury instructions -- No. 3, pertaining to the defense of extreme mental or emotional disturbance (EMED), and No. 2A, pertaining to reasonable doubt -- were prejudicially harmful.


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