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***FOR PUBLICATION IN WEST'S HAWAI # I REPORTS AND PACIFIC REPORTER***

Electronically Filed Supreme Court SCWC-30682 17-MAY-2012 09:40 AM

IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. STEVE C. CABAGBAG, JR., Petitioner/Defendant-Appellant. NO. SCWC-30682 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30682; CR. NO. 10-1-0240) May 17, 2012 OPINIONS OF THE COURT (By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.) Petitioner/Defendant-Appellant Steve C. Cabagbag, Jr. (Petitioner) filed an application for writ of certiorari (Application) on October 11, 2011 in this court, seeking review of the July 13, 2011 judgment of the Intermediate Court of Appeals (ICA), filed pursuant to its June 27, 2011 Summary

***FOR PUBLICATION IN WEST'S HAWAI # I REPORTS AND PACIFIC REPORTER***

Disposition Order,1 State v. Cabagbag, No. 30682, 2011 WL 2547987 (App. June 27, 2011) (SDO), affirming the Judgment of Conviction and Probation Sentence filed by the circuit court of the first circuit (the court).2 PART I: EYEWITNESS IDENTIFICATION JURY INSTRUCTION REQUIREMENT (By: Acoba, J., with whom all justices concur) It is concluded unanimously that (1) in criminal cases, the circuit courts must give the jury a specific eyewitness identification instruction whenever identification evidence is a central issue in the case, and it is requested by the defendant,3 (2) a circuit court may, in the exercise of its discretion, give the instruction if it believes the instruction is otherwise warranted in a particular case; and (3) the instruction set forth in this opinion is adopted as a model charge. A. Petitioner allegedly stole a truck from a storage facility on February 3, 2010, as well as several tools from a construction site on February 18, 2010. On February 22, 2010,

Respondent/Plaintiff-Appellee State of Hawai#i (Respondent)

1 The Summary Disposition Order was filed by Presiding Judge Daniel R. Foley and Associate Judges Lawrence M. Reifurth and Lisa M. Ginoza. 2

The Honorable Karen S. S. Ahn presided.

3 As set forth in Part III, the dissent would hold that the instruction should be given sua sponte, i.e., even if not requested by the defendant.

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***FOR PUBLICATION IN WEST'S HAWAI # I REPORTS AND PACIFIC REPORTER***

charged Petitioner by felony information with two counts: (1) Unauthorized Control of a Propelled Vehicle, HRS

Download State v. Cabagbag.  ICA s.d.o., filed 06/27/2011.pdf

Hawaii Law