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STATE v. LAM

No. 15868.

857 P.2d 585 (1993)

STATE of Hawaii, Plaintiff-Appellant, v. Thuan Van LAM, Defendant-Appellee.

Supreme Court of Hawaii.

August 26, 1993.

Attorney(s) appearing for the Case

Caroline M. Mee, Deputy Pros. Atty., on the briefs, Honolulu, for plaintiff-appellant.

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the briefs, Honolulu, for defendant-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

KLEIN, Justice.

Appellant State of Hawaii (prosecution) appeals from a dismissal, on double jeopardy grounds, of the murder charge against Defendant-Appellee Thuan Van Lam. An unrequested mistrial was declared by the trial court during Lam's first trial. When the prosecution instituted a subsequent murder trial, Lam successfully moved for a dismissal. The prosecution argues that either Lam's consent to the mistrial or manifest necessity requires a reversal of the...

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