Oral Arguments Before the Hawaii Supreme Court–SCWC-17-0000727
No. SCWC-17-0000727, Wednesday, June 2, 2021, 2 p.m.
STATE OF HAWAII, Respondent/Plaintiff-Appellee, vs. RALPH CURTIS RIVEIRA, JR., also known as Ralph C. Riveira, Jr., Petitioner/Defendant-Appellant.
The above-captioned case was set for argument on the merits at:
The oral argument will be held remotely and was live streamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts.
Attorney for Petitioner Riveira:
Harrison L. Kiehm
Attorney for Respondent State:
Stephen K. Tsushima, Deputy Prosecuting Attorney
NOTE: Order accepting Application for Writ of Certiorari, filed 04/07/21.
COURT: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.
This appeal arises from Petitioner/Defendant Ralph C. Riveira’s conviction for burglary in the first degree in violation of Hawaiʻi Revised Statutes § 708-810(1)(c). The ICA affirmed the conviction.
On certiorari, Riveira argues that his conviction should be vacated for the following reasons. First, he contends that the circuit court erred in admitting eyewitness idenitifcation testimony made during a field “show-up”. Second, Riveira challenges the admissibility of two photographs. Third, he argues that the trial court erred in admitting testimony from the victims about the burglary’s impact on them. Fourth, Riveira contends that statements made by the State during its closing and rebuttal arguments constituted prosecutorial misconduct. And fifth, Riveira asserts that the trial court erred in providing the jury an accomplice instruction.