Hawaii Supreme Court· 11/29/2013

Flores v. State

Citations

131 Haw. 43
314 P.3d 120
2013 WL 6218934
2013 Haw. LEXIS 388

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that holding the lack of a lesser included offense instruction to be harmless error “perpetuates the risk that the jury in any given case did not actually reach the result that best conforms with the faets[.]”
remanding for a retrial because the court failed to instruct the jury on an included offense
analyzing whether there was a rational basis to acquit of one offense but convict of a lesser included offense
looking to MPC Commentary to Section 212.1 and noting that the Hawaiʻi Penal Code makes distinctions between “unlawful imprisonment” and “kidnapping” in a manner similar to the MPC’s distinctions between “unlawful restraint” and “kidnapping”
overruling State v. Haanio, 94 Hawai#i 405, 16 P.3d 246 (2001) \to the extent that it holds the trial court's error in failing to give included offense instructions is harmless if the defendant was convicted of the charged offense or of a greater included offense.\
“[T]he trial courts, not the parties, have the duty and ultimate responsibility to insure that juries are properly instructed on issues of criminal liability.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Recktenwald, Nakayama, Acoba, McKenna, Pollack

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Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

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