State v. Adviento.

Opinion of the Court by

POLLACK, J.

Petitioner/Defendanb-Appellant Melchor B. Adviento (Adviento) seeks review of the August 16, 2012 Judgment on Appeal of the Intermediate Court of Appeals (ICA),1 filed *127pursuant to its July 10, 2012 Memorandum Opinion, affirming the Judgment of Conviction and Sentence (Judgment) entered by the Circuit Court of the First Circuit (circuit court)2 on October 21, 2009.

This appeal requires us to consider a trial court’s duty to instruct the jury on the affirmative, mitigating defense of “extreme mental or emotional disturbance” (EMED) under Hawai'i Revised Statutes…