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STATE v. BROWDER

SCWC-22-0000267.

549 P.3d 322 (2024)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Zeth BROWDER, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

June 5, 2024.

Attorney(s) appearing for the Case

Walter J. Rodby, Honolulu, for petitioner.

Stephen K. Tsushima, Honolulu, for respondent.

McKENNA, EDDINS, AND DEVENS, JJ.; AND GINOZA, J., DISSENTING, WITH WHOM RECKTENWALD, C.J., JOINS.

I.

During closing argument in this sexual assault case, the prosecution told the jury that its decision "comes to one question. Is [complaining witness] believable?" Then, while discussing the court's credibility instruction, the prosecution explained that the witness' testimony "is consistent with someone...

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