Legal Opinion

State v. Kim.

Hawaii Supreme Court

Decided June 29, 2017No. SCWC-14-0000833PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT BY

POLLACK, J.

This case concerns a challenge by Kevin Paul Kim regarding the validity of his waiver of the right to testify at trial. Kim also contends that the trial court’s warnings to him during trial intimidated him and influenced his decision not to testify. We hold that the record does not support a conclusion that Kim’s waiver of the right to testify was voluntarily, intelligently, and knowingly made. Thus, we need not resolve whether the trial court’s statements influenced Kim’s decision not to testify, but in light of Kim’s contention we provide guidance on this…

2Cases cited18 opinions

  1. Illinois v. AllenSupreme Court of the United States · 1970
  2. Diaz v. United StatesSupreme Court of the United States · 1912
  3. Rushen v. SpainSupreme Court of the United States · 1983
  4. Tachibana v. StateHawaii Supreme Court · 1995
  5. State v. CastroHawaii Supreme Court · 1988

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3Cited by1 opinion

  1. Maddox v. State.Hawaii Supreme Court · 2017

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