STATE v. MARSH

No. 11243.

728 P.2d 1301 (1986)

STATE of Hawaii, Plaintiff-Appellee, v. Christina Marie MARSH, also known as Christopher Dean Marsh, Defendant-Appellant.

Supreme Court of Hawaii.

December 12, 1986.


Attorney(s) appearing for the Case

Deborah L. Kim (Susan Barr, with her on the briefs), Deputy Public Defenders, Office of the Public Defender, Honolulu, for defendant-appellant.

George H. Yamamoto, Deputy Pros. Atty., Dept. of Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and WALTER M. HEEN, Intermediate Court of Appeals Associate Judge, in place of WAKATSUKI, J., excused.


LUM, Chief Justice.

This is an appeal from a robbery conviction. During closing remarks, the prosecutor expressed her personal opinion concerning Defendant's guilt and the credibility of the defense witnesses. We hold that the prosecutor's remarks constituted misconduct which deprived Defendant of a fair trial, and reverse.1

I.

A jury convicted Marsh of robbery in the second degree in violation of Hawaii Revised

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