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STATE v. HO

No. SCWC-29131.

279 P.3d 683 (2012)

127 Haw. 415

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Patrick K.K. HO, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended May 14, 2012.

Attorney(s) appearing for the Case

Peter Van Name Esser, for petitioner/defendant-appellant.

Keith M. Kaneshiro, Prosecuting Attorney, and Donn Fudo, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

RECKTENWALD, C.J., ACOBA, DUFFY, and McKENNA, JJ.; with NAKAYAMA, J., Dissenting.

Amended Opinion of the Court by ACOBA, J.

We hold that under the circumstances here, the circuit court of the first circuit (the court) plainly erred when during jury selection it removed two jurors for cause on the motion of Respondent/Plaintiff-Appellee State of Hawai`i (Respondent) after the jury panel already had been passed for cause and Petitioner/Defendant-Appellant Patrick K.K. Ho (Petitioner) and Respondent had already exhausted their peremptory challenges...

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