State v. Hirata
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The Supreme Court vacated Defendant's conviction for continuous sexual assault of a minor under the age of fourteen years, in violation of Haw. Rev. Stat. 707-733.6, holding that two of the deputy prosecuting attorney's closing argument remarks prejudiced Defendant's right to a fair trial.
On appeal, Defendant argued that the deputy prosecuting attorney's remarks that (1) Defendant had a "motive to lie"; and (2) the complaining witness testified "consistent with a child who is traumatized" constituted plain error. The Supreme Court agreed and vacated his conviction, holding (1) both of the challenged remarks constituted prosecutorial misconduct; and (2) there was a reasonable possibility that each instance of misconduct, standing alone, contributed to the trial's outcome.
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