Legal Opinion · Dissent

In the Interest of PP

Hawaii Intermediate Court of Appeals

Decided April 30, 2014No. CAAP-13-0000165Published

1Dissent

Dissenting Opinion by

NAKAMURA, C.J.

In reviewing the sufficiency of the evidence, we must consider the evidence in the light most favorable to the prosecution. State v. Batson, 73 Haw. 236, 248, 831 P.2d 924, 931 (1992).

The test on appeal is not whether guilt is established beyond a reasonable doubt, but whether there was substantial evidence to support the conclusion of the trier of fact. Indeed, even if it could be said in a bench trial that the conviction is against the weight of the evidence, as long as there is substantial evidence to support the requisite findings for conviction, the…

2Cases cited6 opinions

  1. United States v. Russell KelnerCourt of Appeals for the Second Circuit · 1976
  2. State v. BatsonHawaii Supreme Court · 1992
  3. State v. EastmanHawaii Supreme Court · 1996
  4. State v. ValdiviaHawaii Supreme Court · 2001
  5. State v. Dathan ChungHawaii Supreme Court · 1993

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