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STATE v. MITCHELL

No. 20186.

965 P.2d 149 (1998)

88 Hawai`i 216

STATE of Hawai`i, Plaintiff-Appellee, v. James MITCHELL, aka Dennis Thomas, Defendant-Appellant, and Michael Chambers, Defendant.

Intermediate Court of Appeals of Hawaii.

September 1, 1998.

Attorney(s) appearing for the Case

Dwight C.H. Lum, Honolulu, on the briefs, for defendant-appellant.

James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief, for plaintiff-appellee.

Before BURNS, C.J., and WATANABE and KIRIMITSU, JJ.

KIRIMITSU, Judge.

The instant case1 presents the issue of how a trial court should submit the statutory presumption contained in Hawai`i Revised Statutes (HRS) § 708-801(4) (1993), see infra n. 9, to the jury without violating a defendant's right to due process of law. We hold that, pursuant to Hawai`i Rules of Evidence (HRE) Rule 306 and relevant case law, a trial court must advise...

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