Bill Text: HI HB1024 | 2010 | Regular Session | Introduced
Bill Title: Appeals; Criminal Cases; Jury Instructions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1024 Detail]
Download: Hawaii-2010-HB1024-Introduced.html
Report Title:
Appeals; Criminal Cases; Jury Instructions
Description:
Clarifies the limited instances where a court may reverse a conviction for any alleged error in the giving or the refusal to give, or the modification of, an instruction to the jury in a criminal matter.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1024 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO APPEALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 641-16, Hawaii Revised Statutes, is amended to read as follows:
"§641-16 Judgment; no reversal when. The supreme court, or the intermediate appellate court, as the case may be, may affirm, reverse, or modify the order, judgment, or sentence of the trial court in a criminal matter. It may enter such order, judgment, or sentence, or may remand the case to the trial court for the entry of the same or for such other or further proceedings, as in its opinion the facts and law warrant. It may correct any error appearing on the record.
In case of a conviction and sentence in a criminal case, if in its opinion the sentence is illegal or excessive it may correct the sentence to correspond with the verdict or finding or reduce the same, as the case may be. In case of a sentence to imprisonment for life not subject to parole, the court shall review the evidence to determine if the interests of justice require a new trial, whether the insufficiency of the evidence is alleged as error or not. Any order, judgment, or sentence entered by the court may be enforced by it or remitted for enforcement by the trial court.
No order, judgment, or sentence shall be
reversed or modified unless the court is of the opinion that error was
committed which injuriously affected the substantial rights of the appellant.
Nor shall there be a reversal in any criminal case for any defect of form
merely in any indictment or information or for any matter held for the benefit
of the appellant or for any finding depending on the credibility of witnesses or
the weight of the evidence. Except as otherwise provided by the rules of
court, there shall be no reversal for any alleged error in the admission or
rejection of evidence [or the giving of or refusing to give an instruction
to the jury] unless such alleged error was made the subject of an objection
noted at the time it was committed or brought to the attention of the court in
another appropriate manner.
Any other statute or rule to the contrary notwithstanding, there shall be no reversal for any alleged error in the giving or the refusal to give, or the modification of, an instruction to the jury, and neither the supreme court, the intermediate court of appeals, nor any other court shall have jurisdiction to consider such an alleged error, unless the alleged error was (1) made the subject of an objection at the time it was committed or (2) brought to the attention of the court in another appropriate manner before the jury had retired to consider its verdict, except that a court may consider the alleged error if the alleged error seriously affected the fairness, integrity, or public reputation of the trial and more likely than not affected the outcome of the trial."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request
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