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Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial

Loaded on Dec. 15, 2021 by Douglas Ankney published in Criminal Legal News January, 2022, page 44
Filed under: Prosecutorial Misconduct, New Trial - Motions for. Location: Hawaii.

by Douglas Ankney

The Supreme Court of Hawai’i vacated the judgment of the Intermediate Court of Appeals (“ICA”) that held a prosecutor’s cumulative misconduct was harmless.

Matthew K. Williams was convicted of sexually assaulting T.Y., a minor. At trial, the prosecutor introduced to the jury incriminating statements allegedly made by ...

 

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  2. “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
  3. Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
  4. You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by Nisha Whitehead, John W. Whitehead
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  6. Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
  7. The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
  8. New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
  9. Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
  10. Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
  11. Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
  12. Rethinking the ‘Sex Offender’ Label, by Derek Logue
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  15. California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, by Douglas Ankney
  16. Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
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  20. California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’, by Dale Chappell
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