State v. Perez

We hold that an instruction of the first circuit court (the court) which merely advised that “self-control” was a significant factor in determining whether the defendant was acting under the influence of extreme mental and emotional disturbance as described in Hawaii Revised Statutes (HRS) § 707-702(2) (1993) at the time he attempted to commit murder unduly singled out that factor for consideration by the jury. We hold, further, that the court’s adoption of an instruction notifying the jury that it might convict a defendant if it was “firmly convinced” of the defendant’s guilt, indicated that…