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State V. Silva

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eBook details

  • Title: State V. Silva
  • Author : Hawaii Court Of Appeals
  • Release Date : January 13, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Defendant Solomon Silva (Defendant) was charged with committing assault in the third degree in violation of Hawai'i Revised Statutes (HRS) § 707-712(a) (1985) on Cheryl Moriyama (Moriyama) and Douglas Dilliner (Dilliner) on January 29, 1991. Following a jury-waived trial on June 26, 1992, he was convicted of the charge involving Moriyama and sentenced to one year's probation with a $400 fine. Defendant was acquitted of the other charge. During the trial, the trial court asked 110 questions of the State's witness, Dilliner, and dissuaded Defendant from testifying in his own defense. Moriyama did not appear or testify. We hold that Defendant's constitutional and statutory rights were violated, set aside the July 31, 1992 judgment of conviction, and remand the case for a new trial before a different Judge.


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