STATE v. McCRORY

No. 25351.

87 P.3d 275 (2004)

104 Hawai'i 203

STATE Of Hawai'i, Plaintiff-Appellee v. William Lowell McCRORY, Defendant-Appellant.

Supreme Court of Hawai'i.

April 7, 2004.


Attorney(s) appearing for the Case

Daniel G. Hempey, Kapaa, On the briefs, for defendant-appellant.

Craig A. DeCosta, Deputy Prosecuting Attorney, County of Kauai, On the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


Opinion of the Court by ACOBA, J.

We hold (1) that evidence that an accused did not proclaim his innocence to a fellow inmate, while jailed pending trial, is irrelevant and prejudicial in a criminal trial and (2) that under the circumstances of this case, evidence that an accused also stated he hoped the charges would be reduced to a lesser charge (in this case from murder to manslaughter) was similarly tainted. Whereas such tainted evidence was admitted herein, we...

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