[DOWNLOAD] "State V. Staley" by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Staley
- Author : Hawaii Supreme Court
- Release Date : January 31, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The defendant-appellant William Staley (hereinafter, William) appeals from the judgment, guilty conviction, and sentence of the fifth circuit court, filed on August 6, 1998. William argues that: (1) the circuit court erred in granting the prosecution's motion in limine, which precluded any reference at trial regarding William's eligibility for Housing and Urban Development (HUD) assistance; (2) the jury instructions as read to the jury were prejudicial to him; and (3) there was insufficient evidence to support his conviction of theft in the first degree, pursuant to HRS § 708-830.5 (1993). *fn1 We agree with William's first point of error. Accordingly, we vacate the circuit court's judgment and remand for a new trial. Although our holding with respect to the foregoing point is outcome-dispositive of the present appeal, we address William's remaining arguments in order to provide guidance to the parties and the circuit court on remand. Cf. State v. Davia, 87 Hawaii 249, 252, 953 P.2d 1347, 1350 (1998). Moreover, although not asserted by William as a point of error on appeal, we hold, based on our independent review of the record, that William's constitutional right to testify was violated. We address this point because it raises an issue that has the potential to recur in future cases. Cf. State v. Mahoe, 89 Hawaii 284, 285, 972 P.2d 287, 288 (1998).