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State v. Gishi

Intermediate Court of Appeals of Hawaii

March 31, 2016

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
KEITH C. GISHI, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CRIMINAL NO. 12-1-0393)

Daisy Lynn B. Hartsfield for Defendant-Appellant.

Sonja P. McCullen, Deputy Prosecuting Attorney City and County of Honolulu for Plaintiff-Appellee.

Nakamura, C.J., Foley and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

Defendant-Appellant Keith C. Gishi (Gishi) appeals from the Judgment of Conviction and Sentence, entered on September 4, 2013 in the Circuit Court of the First Circuit[1] (circuit court). Gishi was convicted of assault in the second degree, in violation of Hawaii Revised Statutes (HRS) § 707-711(1)(a) (2014 Repl.}•[2]

On appeal, Gishi contends the circuit court erred:
(1) when it granted the November 20, 2012 Motion to Consolidate Cases for Trial filed by Plaintiff-Appellee State of Hawai'i (State);
{2} on February 28, 2013 and March 1, 2013 when it "provid[ed] the legal basis behind the State's objections during cross-examination of its witnesses";
(3) when it "denied to admit into evidence the HPD-252 Statement of Chirstina [sic] Nakamoto-Putt [(Nakamoto-Putt)]";
(4) when it denied Gishi's February 28, 2013 oral motion for mistrial;
(5) when it raised Gishi's bail, post-conviction; and
(6) in depriving Gishi of the right of adequate representation at trial due to his counsel's joint representation of Gishi and Gishi's son (Son), despite the filed written waiver of conflict of interest.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, as well as the relevant statutory ...


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