Legal Opinion
State v. Kaeo.
Hawaii Supreme Court
Decided February 28, 2014No. SCWC -12-0000007PublishedCited by 4 opinions
1Opinion of the Court
Opinion of the Court by
POLLACK, J.
This case raises the question of whether the trial court erred in failing to instruct the jury upon the offense of assault in the first degree as an included offense of the charge of murder in the second degree.
The circuit court in this case declined to instruct the jury on the defense’s requested instruction on assault in the first degree. The jury returned a verdict of manslaughter, and the Intermediate Court of Appeals (ICA) affirmed the circuit court’s judgment.
We conclude that assault in the first degree is an included offense of murder in the second…
2Cases cited18 opinions
- Keeble v. United StatesSupreme Court of the United States · 1973
- Brown v. StateCourt of Criminal Appeals of Texas · 1997
- State v. GaylordHawaii Supreme Court · 1995
- State v. BrooksOhio Supreme Court · 1989
- State v. HaanioHawaii Supreme Court · 2001
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Deedy v. SuzukiDistrict Court, D. Hawaii · 2018
- Christopher Deedy v. Russell SuzukiCourt of Appeals for the Ninth Circuit · 2019
- Christopher Deedy v. Russell SuzukiCourt of Appeals for the Ninth Circuit · 2019
- State v. MagbulosHawaii Intermediate Court of Appeals · 2018