(Download) "State v. Marzo" by Hawaii Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Marzo
- Author : Hawaii Supreme Court
- Release Date : January 16, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
This appeal was taken by the State from an order of the trial judge dismissing three charges of criminal assault under § 707-712(1)(a), Hawaii Revised Statutes (HRS), against defendant Richard Marzo. The dismissal with prejudice came upon defendants oral motion after the jury was sworn but before evidence was taken. The court found that the State violated Rule 16(b)(2)(ii), Hawaii Rules of Penal Procedure, because the State failed to furnish a police report to the defendant before trial. The trial court also found that the police report contained exculpatory evidence and the States failure to furnish it violated defendants constitutional rights under Brady v. Maryland. The court thereupon imposed sanction and dismissed the charges against defendant. We reverse.