No. 29125 – Thursday, November 4, 2010 at 10 a.m.

STATE OF HAWAII, Plaintiff-Appellee, vs. LOPETI LUI TUUA, Defendant-Appellant.
(Assault in the Second Degree) 

Attorney(s) for Plaintiff-Appellee
Benjamin M. Acob, Renee Ishikawa Delizo

Attorney(s) for Defendant-Appellant
Matthew S. Kohm

NOTE: Order assigning Judge Edwin C. Nacino due to a vacancy, filed 9/3/10.

COURT: MER, CJ; PAN, SRA, JED, JJ; Circuit Court Judge Edwin C. Nacino due to a vacancy.

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Brief description:

Petitioner-Defendant-Appellant Lopeti Lui Tuua (Tuua), has applied for a writ of certiorari to the Intermediate Court of Appeals’ May 20, 2010 Judgment on Appeal filed pursuant to its April 29, 2010 Memorandum Opinion affirming the Circuit Court of the Second Circuit’s January 11, 2008 judgment.  Tuua was convicted of Assault in the Second Degree in violation of Hawaii Revised Statutes § 707-711(1)(d) (Supp. 2006).

In his application for writ of certiorari, Tuua asserts that the deputy prosecuting attorney committed prosecutorial misconduct during rebuttal argument.  Tuua asserts that the prosecuting attorney improperly argued that the jury should not believe a defense witness’ admission of guilt because it would lead to the defendant’s acquittal and the witness would not be convicted of the crime either.