State v. Davis

OPINION OF THE COURT BY

LUM, J.

Appellant Michael Jones appeals from his conviction of robbery in the first degree under section 708-840(l)(b)(ii), Hawaii Revised Statutes (1976), by a jury in the first circuit court.

This appeal raises the question of whether Hawaii’s rule regarding notice of alibi under the Hawaii Rules of Penal Procedure (HRPP) 1 is constitutional; and if it is, the appeal raises an additional question of whether the trial judge abused his discretion by imposing sanction as provided by the rule. 2 During the trial, the judge refused to allow appellant’s alibi witness to…