State v. Davis.

Concurring Opinion by

ACOBA, J.

The majority opinion indicates there are two possible approaches to resolving on appeal claims that the insufficiency of the evidence at trial precludes a retrial based on the double jeopardy clause. First, appellate courts may review sufficiency of the evidence questions under the double jeopardy clause of article 1, section 10 of the Hawai'i Constitution if expressly raised by a party.1 See majority opinion at 45. Second, appellate courts may review sufficiency of the evidence questions “as a matter of prudent policy.” Majority opinion at 50. I read the…