Oral Argument Before the Hawaii Supreme Court–SCAP-19-0000714

No. SCAP-19-0000714, Tuesday, August 17, 2021, 2 p.m.

STATE OF HAWAII, Plaintiff-Appellee, vs. DAE HAN MOON, Defendant-Appellant.

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

This oral argument was livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts.

Attorney for appellant Moon:

Emmanuel G. Guerrero

Attorney for appellee State: 

Chad M. Kumagai, Deputy Prosecuting Attorney

NOTE: Order granting Application for Transfer, filed 12/22/20.

COURT: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.

[  Listen to the entire audio recording in mp3 format  ]

Brief Description: 

This transfer case arises from Petitioner/Defendant-Appellant Dae Han Moon’s conviction for second-degree murder and related firearm offenses. Moon argues that the State of Hawaiʻi was required, and failed at trial, to prove that the decedent was pronounced dead in accordance with HRS § 327C-1. The circuit court found that the State did not have to adhere to the requirements set forth in HRS § 327C-1 to prove the element of “death” under the Hawaiʻi Penal Code. Moon contends, in relevant part, that the circuit court erred in concluding that HRS § 327C-1 does not apply to criminal actions.