Court plainly erred in not giving Sheffield instruction—before Sheffield was published
State v. Ishimine (HSC August 4, 2022) Background. Lorrin Ishimine was charged with kidnapping in violation of HRS § 707-720(d)(1), two counts of felony abuse, and one count of misdemeanor abuse. The prosecution dropped all abuse counts before trial. He was tried with a single count of kidnapping. At trial, Officer Victor Santana testified he was off duty taking a nap at his house when he heard a vehicle speeding down the street. He looked out the window and saw the vehicle pull into a two-story house across the street. He saw a man get out of the vehicle yelling and trying to get someone out of the vehicle. Officer Santana got dressed and went back to the window. This time he saw the man grabbing a woman from behind and dragging her up the stairs into the house. The woman was screaming, kicking her feet, and trying to get away. It lasted about a minute. Officer Santana called the police. Officer Keola Wilhelm testified that he responded to the call and w...