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STATE v. TUUA

No. 29125.

250 P.3d 273 (2011)

STATE OF Hawai`i, Respondent/Plaintiff-Appellee, v. Lopeti Lui TUUA, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

April 20, 2011.

Attorney(s) appearing for the Case

Matthew S. Kohm, for petitioner-defendant-appellant.

Renee Ishikawa Delizo, Deputy Prosecuting Attorney, County of Maui, for respondent-plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge NACINO, assigned by reason of vacancy.

Opinion of the Court by NAKAYAMA, J.

Lopeti Lui Tuua ("Tuua") was charged with assaulting a bouncer with a beer bottle. At trial, Tuua's half brother testified that he, rather than Tuua, assaulted the bouncer. During closing argument, the deputy prosecuting attorney commented that if the jury believed Tuua's half brother, no one would be convicted of assault. We hold that the deputy prosecuting attorney's comments were improper, and that they may have affected Tuua...

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