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STATE v. WALSH

No. 29790.

260 P.3d 350 (2011)

125 Haw. 271

STATE of Hawai'i, Petitioner/Plaintiff-Appellee v. Timothy A. WALSH, Respondent/Defendant-Appellant.

Supreme Court of Hawai'i.

August 23, 2011.

Attorney(s) appearing for the Case

Peter A. Hanano, Deputy Prosecuting Attorney, County of Maui (Renee Ishikawa Delizo, Deputy Prosecuting Attorney, County of Maui, on the brief), for petitioner/plaintiff-appellee.

Craig Jerome, Deputy Public Defender, for respondent/defendant-appellee.

ACOBA, DUFFY, JJ., and Circuit Judge SAKAMOTO, assigned due to a vacancy; with RECKTENWALD, C.J., concurring in the result, with whom NAKAYAMA, J., joins.

Opinion of the Court by ACOBA, J.

We hold that (1) in the criminal trial of a defendant, the prosecution's statements that a testifying defendant "benefitted" from his trial presence and, thus, is less credible because he heard the testimony of other witnesses and heard during voir dire that eye contact with the jurors was an indicator of trustworthiness, constitute prohibited "generic tailoring" arguments; (2) prohibited generic tailoring arguments are reviewable...

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