Legal Opinion

State v. Kelekolio

Hawaii Supreme Court

Decided April 23, 1993No. 15798PublishedCited by 173 opinions

1Opinion of the Court

OPINION OF THE COURT BY

LEVINSON, J.

The defendant-appellant John Anthony Kelekolio (Kelekolio) appeals his November 15,1991 convictions of sexual assault in the second degree and kidnapping. Kelekolio raises a number of substantial points of error on appeal, 1 but only one is outcome dispositive. Because the trial court committed plain error in failing to conduct a competency hearing regarding the complaining witness, and because we are not convinced beyond a reasonable doubt that the error was harmless, we vacate Kelekolio’s judgment of conviction and remand for a new trial.

I. BACKGROUND

On…

2Cases cited59 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Escobedo v. IllinoisSupreme Court of the United States · 1964
  3. Malloy v. HoganSupreme Court of the United States · 1964
  4. Crane v. KentuckySupreme Court of the United States · 1986
  5. Frazier v. CuppSupreme Court of the United States · 1969

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3Cited by173 opinions

  1. State v. ArceoHawaii Supreme Court · 1996
  2. State v. JenkinsHawaii Supreme Court · 2000
  3. State v. HoeyHawaii Supreme Court · 1994
  4. State v. KotisHawaii Supreme Court · 1999
  5. State v. HolbronHawaii Supreme Court · 1995

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