State v. Larue

OPINION OF THE COURT BY

PADGEi T, J.

This is an appeal from a conviction for rape in the second degree (HRS § 707-731) and three counts of sexual abuse in the first degree (HRS § 707-736). For the reasons stated below, we reverse and remand for a new trial.

Appellant raises two contentions. One, that a remark by the prosecutor to a witness in the presence of a jury that “[i]n the light of certain technicalities, unfortunately you won’t be able to render an opinion.. violated his right to due process under Article I, section 5 of the Constitution of the State of Hawaii and the Fourteenth…