State v. Kaulia

Amended Opinion of the Court by

POLLACK, J.

Petitioner Dennis Kaulia (Kaulia) was convicted by the District Court of the Third Circuit (district court) of committing assault in the third degree in the course of a mutual affray in violation of Hawai'i Revised Statutes (HRS) § 707-712 (1993). 1 We vacate the August 10, 2012 judgment of the Intermediate Court of Appeals (ICA) and the district court’s January 18, 2011 judgment of conviction and remand for a new trial for the reasons stated herein.

I

On January 18, 2008, Kaulia was involved in an altercation with the complainant in the parking lot of…