State v. Thuan Van Lam

OPINION OF THE COURT BY

KLEIN, J.

Appellant State of Hawai'i (prosecution) appeals from a dismissal, on double jeopardy grounds, of the murder charge against Defendant-Appellee Thuan Van Lam. An unrequested mistrial was declared by the trial court during Lam’s first trial. When the prosecution instituted a subsequent murder trial, Lam successfully moved for a dismissal. The prosecution argues that either Lam’s consent to the mistrial or manifest necessity requires a reversal of the lower court’s order of dismissal. We affirm.

I. Facts

As a result of the death of Huong T. Quach, Lam was indicted…