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STATE v. WILMER

No. 22185.

35 P.3d 755 (2001)

97 Hawai`i 238

STATE of Hawai`i, Plaintiff-Appellee, v. Christopher WILMER, Jr., Defendant-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied November 30, 2001.

Attorney(s) appearing for the Case

Brian De Lima, of Crudele, De Lima & Shiroma, on the briefs, Hilo, for defendant-appellant.

Brenda Carriera, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

MOON, C.J., and LEVINSON, NAKAYAMA, and RAMIL, JJ. and Intermediate Court of Appeals Chief Judge BURNS, Assigned by Reason of Vacancy.

Opinion of the Court by NAKAYAMA, J.

Defendant-appellant Christopher Wilmer, Jr. appeals from the trial court's order declaring a mistrial, without prejudice, due to prosecutorial misconduct. Wilmer was on trial for one count of murder in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-701.5 (1993). In the midst of the trial, the Honorable Riki May Amano, presiding, in response to several instances of prosecutorial misconduct, Wilmer sought...

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