No. SCWC-12-0000537, Tuesday, April 4, 2017, 5 p.m. (Amended 03/17/17)

STATE OF HAWAIʻI, Respondent/Plaintiff-Appellee, vs. SEAN CONROY, Petitioner/Defendant-Appellant.
 
 The above-captioned case has been set for argument on the merits at:

University of Hawai’i at Manoa
William S. Richardson School of Law
Moot Courtroom
 2515 Dole Street
Honolulu, HI  96822

(No large bags or backpacks allowed in the courtroom)

Attorney for Petitioner: Matthew S. Kohm

Attorneys for Respondent:

Richard K. Minatoya and Emlyn H. Higa, Deputy Prosecuting Attorneys

NOTE: Order accepting Application for Writ of Certiorari, filed 10/28/16.

COURT: MER, CJ; PAN, SSM, RWP, and MDW, JJ.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

 Petitioner/Defendant-Appellant Sean Conroy applied for writ of certiorari from the Intermediate Court of Appeals’ (ICA) July 22, 2016 judgment, which affirmed the circuit court’s judgment in favor of the State.

This case arises out of an incident in which Conroy allegedly punched his wife.  Conroy was charged with assault in the first degree.  After a jury trial, Conroy was found guilty of the lesser included offense of assault in the second degree.

Conroy appealed his conviction to the ICA.  Conroy argued that numerous statements made by the Deputy Prosecuting Attorney during closing argument and rebuttal closing argument constituted prosecutorial misconduct.  The ICA affirmed the circuit court’s judgment.

Conroy’s application for writ of certiorari presents the following question:
 
 A. The issue before this Court is whether a prosecutor’s closing argument couched in a manner of argument seeking to inflame the passion and prejudice of the jury, without legitimate inferences to the testimonial evidence, constitutes prosecutorial misconduct denying the defendant’s right to a fair trial?