Justia Hawaii Supreme Court Opinion Summaries

Petitioner-Appellant Lopeti Lui Tuua was charged with assaulting a bouncer with a beer bottle. At trial, Tuua's half brother testified that he, rather than Tuua, assaulted the bouncer. During closing argument, the deputy prosecuting attorney commented that if the jury believed Tuua's half brother, no one would be convicted of assault. Tuua was found guilty and convicted of second degree assault, and sentenced to 90 days in prison and 5 years probation. Tuua appealed to the Intermediate Court of Appeals (ICA), alleging in part, that the deputy prosecutor's comments at trial and in his closing statement were improper by commenting on the consequences of the jury's verdict and matters not in evidence. The ICA held the comments were not improper; Tuua brought this appeal. On review of the record, the Supreme Court vacated Tuua's judgment and conviction, and remanded the case to the circuit court for a new trial.