State v. Furutani

LEVINSON, Justice.

The plaintiff-appellant State of Hawaii (hereafter State or prosecution) appeals the August 7, 1991 findings of fact (FOFs), conclusions of law (COLs), and order of the Fifth Circuit Court (circuit court) granting the defendant-appellee Henry H. Furutani’s motion for new trial pursuant to Rule 33 of the Hawaii Rules of Penal Procedure (HRPP). 1

The State urges that the circuit court committed the following reversible errors in granting Furutani’s motion for new trial: (1) finding that defense counsel had obtained an express affirmative commitment from the jurors — by way of a…