State v. Montgomery

Opinion of the Court by

LIM, J.

Ronald Montgomery (Montgomery) appeals the December 3, 2001 judgment of the circuit court of the first circuit that convicted him, upon a bench trial, 1 of sexual assault in the first degree, a violation of Hawai'i Revised Statutes (HRS) § 707-730(l)(b) (1993). 2 Montgomery was sentenced to an indeterminate term of imprisonment of twenty years. On appeal, Montgomery stakes out three primary points of error:

A. Independent Counsel’s Failure To Advise The Grand Jury and The Deputy Prosecutor’s Instruction To Witness Not To Answer Grand Jury Question Was Prejudicial…