No. CAAP-14-0000358, Wednesday, January 14, 2015, 9 a.m.

STATE OF HAWAII, Plaintiff-Appellee vs. ROYCE C. GOUVEIA, Defendant-Appellant.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali`iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

Attorney(s) for Defendant-Appellant:

Keith S. Shigetomi

Attorney(s) for Plaintiff-Appellee:

Donn Fudo, Deputy Prosecuting Attorney

COURT: Nakamura, CJ, Fujise and Ginoza, JJ.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Defendant-Appellant Royce C. Gouveia (Gouveia) was charged by indictment with manslaughter, in violation of Hawaii Revised Statutes § 707-702(1)(a) (Supp. 2013). After the jury began its deliberations, it submitted two pertinent communications to the Circuit Court. One informed the Circuit Court that the jurors had reached a verdict. The second informed the Circuit Court that the jurors had safety concerns and stated as follows: “Concern. This morning on prosecutor’s side of crtroom [sic] there was a man, shaved head, glaring and whistling at defendant. We have concern for our safety as jurors.” Without taking or reading the verdict, the Circuit Court individually questioned the jurors about their communication expressing concern, and counsel were also permitted to ask questions. Over Gouveia’s objection, the Circuit Court granted the prosecution’s motion for a mistrial based on “manifest necessity.” Gouveia subsequently moved to dismiss the indictment on double jeopardy grounds, which the Circuit Court denied.

Gouveia appeals from the Circuit Court’s “Order Denying Motion to Dismiss for Violation of Double Jeopardy.” On appeal, Gouveia contends that: (1) the Circuit Court abused its discretion in declaring a mistrial based on “manifest necessity”; and (2) reprosecution of Gouveia is barred by double jeopardy.