(DOWNLOAD) "State V. Rogan" by Hawaii Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Rogan
- Author : Hawaii Supreme Court
- Release Date : January 05, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Defendant-appellant Jerome Rogan appeals from the circuit court's judgment, guilty conviction and sentence, and notice of entry filed on August 26, 1998. A jury found Rogan guilty of four counts of sexual assault in the third degree, in violation of Hawaii Revised Statutes (HRS) § 707-732(1)(b) (1993). *fn1 On appeal, Rogan contends that: (1) the circuit court erred in failing to grant his motion for mistrial based on prosecutorial misconduct; and (2) HRS ch. 846E violates various protections afforded by the United States and Hawaii Constitutions. For the reasons discussed below, we agree with Rogan's first point of error and further hold that reprosecution of Rogan is barred by the double jeopardy clause of article I, section 10 of the Hawaii Constitution. Accordingly, we reverse Rogan's conviction.