State v. Tuua

Opinion of the Court by

NAEAYAMA, J.

Lopeti Lui Tuua (“Tuua”) was charged with assaulting a bouncer with a beer bottle. At trial, Tuua’s half brother testified that he, rather than Tuua, assaulted the bouncer. During closing argument, the deputy prosecuting attorney commented that if the jury believed Tuua’s half brother, no one would be convicted of assault. We hold that the deputy prosecuting attorney’s comments were improper, and that they may have affected Tuua’s conviction. We therefore vacate Tuua’s judgment and conviction and remand the matter to the Circuit Court of the Second Circuit…