State v. Kinnane

How courts have described this case

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

• holding, inter alia, that sexual assault in the fourth degree in violation of HRS § 707-733(l)(a
• “in the absence of [] a rational basis in the evidence, the trial court should not instruct the jury as to included offenses”
• internal quotation marks, citations, footnotes, and brackets omitted; emphasis in original
• “[I]t may be plain error for a trial court to fail to give an ... instruction even when neither the prosecution nor the defendant have requested it ... because ... the ultimate responsibility properly to instruct the jury lies with the circuit court and not with trial counsel”
• observing claims are reviewed for plain error
• adopting similar rule under state law

Source: CourtListener parenthetical corpus (CC0).