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Showing posts from August, 2011

Prosecutor's Accusation that Defendant "Benefited" from Attending his own Trial Violated Confrontation Clause

State v. Walsh (HSC August 23, 2011)Background.Timothy Walsh was charged with assault in the second degree.HRS § 707-711(1)(b).Walsh was present at trial, including jury selection.At trial, there was evidence that Walsh was outside of Ocean's Grill and Bar in Kihei at around 1:30 in the morning arguing with his sister, Stephanie Walsh.A different group intervened and five men attacked Walsh.Walsh was punched, kicked, pushed and stomped on.Walsh started to slump away from the fracas and as he started moving away he swung at Kapena Kramer.Kramer broke his jaw.Walsh testified that he swung blindly as he was trying to get away from the mob attacking him.The bouncer at Ocean's testified.According to him, Walsh was calm, cool, and collected.Walsh was not cut or hurt when he approached Kramer and punched him.The bouncer believed that Walsh "blind sided a helpless person."By the time the police showed up, the entire affray was over.During her closing argument, the prosecutor…