Case Detail
CitationState v. Rogan, 984 P.2d 1231 (Haw. 1999)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1998
BodySupreme court
OpinionDefendant was convicted in the First Circuit Court of Hawaii on four counts of sexual assault in the third degree, and he appealed. The Hawaii Supreme Court held that: (1) prosecutor's comment during rebuttal closing argument that complainant's parent's wanted a conviction of defendant, who as a member of military service and was African-American, because “every mother's nightmare” is to “[l]eave your daughter for an hour and a half, and you walk back in, and here's some black, military guy on top of your daughter,” constituted prosecutorial misconduct, and warranted mistrial; (2) under double jeopardy clause of State Constitution, retrial is barred following mistrial or reversal based on prosecutorial misconduct where from an objective standpoint misconduct clearly denied defendant a fair trial; and (3) conduct in question was sufficiently egregious to bar retrial.
Determination Year1999
Misconduct TypeT
C/S EffectDismissal
Pros. Misc. ReportedUKN
Sanction TypeUKN
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