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State v. Baron

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eBook details

  • Title: State v. Baron
  • Author : Hawaii Supreme Court
  • Release Date : January 16, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

OPINION OF THE COURT BY NAKAYAMA, J. Defendant-appellant Vernon Baron (Appellant) was found guilty of one count of sexual assault in the second degree, in violation of Hawai'i Revised Statutes (HRS) § 707-731(1)(a) (Supp. 1992),1 and two counts of sexual assault in the fourth degree, in violation of HRS § 707-733(1)(a) (Supp. 1992),2 and appeals from the judgment of the circuit court. On appeal, Appellant contends that: (1) he was denied a speedy trial pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 48;3 (2) the circuit court erred in refusing to excuse for cause members of the jury who were unable to read, write, and understand English; (3) the circuit court erred in permitting a deputy city prosecutor to testify on behalf of the prosecution; (4) the circuit court erred in admitting the testimony of the complainant's school nurse; (5) the circuit court erred by admitting a tape recorded statement of the complainant; and (6) the circuit court erred by precluding Appellant from adducing testimony that the court deemed to be improper alibi testimony. For the reasons stated below, we vacate Appellant's conviction and sentence and remand the case to the circuit court for a new trial.


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