NO. 26784 - Thursday, December 3, 2009 - 10 a.m.
STATE OF HAWAI`I, Respondent/Plaintiff-Appellee, vs. SHANE MARK, Petitioner/Defendant-Appellant. (Attempted Assault in the Second Degree)
Attorney(s) for Petitioner/Defendant-Appellant(s)
Dwight C. H. Lum
Attorney(s) for Respondent/Plaintiff-Appellee(s)
Honorable Peter B. Carlisle, Prosecuting Attorney, and Donn R. Fudo, Deputy Prosecuting Attorney, City & County of Honolulu
NOTE: Certificate of recusal, Recktenwald, filed 8/31/09.
NOTE: Order assigning Judge Glenn J. Kim in place of Recktenwald, recused, filed 9/28/09.
COURT: RTYM, CJ; PAN, SRA & JED, JJ., and Circuit Judge Glenn J. Kim in place of Recktenwald, recused.
Petitioner/Defendant-Appellant (Petitioner) filed an Application for Writ of Certiorari (Application) seeking review of the judgment of the Intermediate Court of Appeals (ICA) filed on May 8, 2009, affirming the judgment of the Circuit Court of the First Circuit (the court) convicting Petitioner of Attempted Assault in the Second Degree, Possession Prohibited of Any Firearm or Ammunition by a Person Convicted of Certain Crimes, Murder in the Second Degree, and Carrying, Using, or Threatening to Use a Firearm in Commission of a Separate Felony. In his Application, Petitioner argues that the ICA gravely erred in holding that (1) any error in the jury instructions on Defense of Others was harmless error, (2) the court did not err in denying the Motion for Mistrial and Withdrawal of Counsel in his second trial, (3) Petitioner was not denied a fair trial, and (4) Petitioner�s case did not need to be remanded for re-sentencing.