by admin | May 11, 2021 | Criminal Procedure, Hawaii
The court on motion of a defendant shall arrest judgment if the charge does not allege an offense or if the court was without jurisdiction of the offense alleged. The motion in arrest of judgment shall be made within 10 days after verdict or finding of guilty, or...
by admin | May 11, 2021 | Criminal Procedure, Hawaii
The court on motion of a defendant may grant a new trial to the defendant if required in the interest of justice. If trial was by the court without a jury, the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony...
by admin | May 11, 2021 | Criminal Procedure, Hawaii
(a) Sentence. After adjudication of guilt, sentence shall be imposed without unreasonable delay. Pending sentence, the court may commit the defendant or continue or alter bail, subject to applicable provisions of law. Before suspending or imposing sentence, the court...
by admin | May 11, 2021 | Criminal Procedure, Hawaii
(a) Return. The verdict shall be unanimous, unless otherwise stipulated to by the parties. It shall be returned by the jury to the judge in open court.(b) Several defendants. If there are 2 or more defendants, or 2 or more counts, the jury at any time during its...
by admin | May 11, 2021 | Criminal Procedure, Hawaii
(a) Pre-instruction. Prior to the presentation of evidence, the court may, upon agreement of the parties, pre-instruct the jury on the elements of the charged offense and claimed defenses.(b)Requests. At such reasonable time as the court directs, the parties shall...
by admin | May 11, 2021 | Criminal Procedure, Hawaii
(a)Motion before submission to jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more...
Recent Comments