Legal Opinion · Concurrence

State v. Adviento.

Hawaii Supreme Court

Decided February 10, 2014No. SCWC-30171Published

1Concurrence

Concurring Opinion by

ACOBA, J.

I agree with the holding and core rationale of the majority opinion in this case, that the circuit court of the first circuit (the court) had the duty and obligation to instruct the jury on the mitigating defense of Extreme Mental and Emotional Distress (EMED) manslaughter to a charge of murder, because our cases and the public interest mandate accurate and true verdicts based on the law and the evidence. Such verdicts cannot be attained insofar as trial strategies based on a “win-lose”, or an “all or nothing” approach are allowed to govern. State v. Haanio, 94…

2Cases cited7 opinions

  1. State v. HaanioHawaii Supreme Court · 2001
  2. State v. LocquiaoHawaii Supreme Court · 2002
  3. State v. CabagbagHawaii Supreme Court · 2012
  4. State v. HailiHawaii Supreme Court · 2003
  5. State v. StengerHawaii Supreme Court · 2010

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