(Download) "State v. Ortiz" by Hawaii Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Ortiz
- Author : Hawaii Supreme Court
- Release Date : January 16, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The defendant-appellant Michael Wayne Ortiz appeals from the judgment of the third circuit court, filed on August 28, 1998, convicting him of one count of theft in the second degree, in violation of HRS ร§ 708-831(1)(b) (1993). Ortiz asserts the following points of alleged error: (1) the circuit court Judge should have recused herself for reasons of personal prejudice against the defendant; (2) Ortizs right to a timely trial, as mandated by Hawaii Rules of Penal Procedure (HRPP) Rule 48 (1996), was violated; (3) the circuit court admitted evidence at trial related to burglaries of which Ortiz had previously been acquitted; (4) the circuit court excluded members of Ortizs family from the courtroom; (5) the circuit court improperly admitted a witness taped and written statements at trial; and (6) the circuit court failed to give certain of Ortizs proposed jury instructions. We agree with Ortizs points of error (4) and (5). Accordingly, we vacate the circuit courts judgment and remand for a new trial. Although our holdings with respect to the foregoing two points are outcome-dispositive of the present appeal, we address Ortizs remaining arguments in order to provide guidance to the parties and the circuit court on remand. Cf. State v. Davia, 87 Hawaii 249, 252, 953 P.2d 1349, 1350 (1998).