State v. Marsh

OPINION OF THE COURT BY

LUM, C.J.

This is an appeal from a robbery conviction. During closing remarks, the prosecutor expressed her personal opinion concerning Defendant’s guilt and the credibility of the defense witnesses. We hold that the prosecutor’s remarks constituted misconduct which deprived Defendant of a fair trial, and reverse.

I

A jury convicted Marsh of robbery in the second degree in violation of Hawaii Revised Statutes (HRS) § 708-841(1 )(a). The State’s case rested primarily on the testimony of the victim, Leroy Ing. Marsh denied committing the robbery and asserted an alibi…