[Ā§707-701.5]Ā  Murder in the second degree.Ā 
(1)Ā  Except as provided in section 707-701, a person commits the offense of
murder in the second degree if the person intentionally or knowingly causes the
death of another person.



(2)Ā  Murder in the second degree is a felony
for which the defendant shall be sentenced to imprisonment as provided in
section 706-656. [L 1986, c 314, Ā§50]



 



Case Notes



 



Ā  Jury's "not guilty" verdicts on attempted second
degree murder counts created a double jeopardy bar to petitioner's impending
retrial on attempted second degree murder charges, where jury returned a
"guilty" verdict on attempted first degree murder charge and
"not guilty" verdicts on attempted second degree murder counts, based
on the same incidents, and Hawaii supreme court reversed jury's judgment of
conviction of attempted first degree murder and held that the "not
guilty" verdicts did not, in substance, constitute acquittals and
therefore the State could retry petitioner for attempted second degree murder
without subjecting petitioner to double jeopardy.Ā  389 F.3d 880.



Ā  Directs the factfinder to first consider the elements of
first degree murder.Ā  71 H. 86, 784 P.2d 860.



Ā  Trial was reversed due to prosecutorial misconduct.Ā  71 H.
347, 791 P.2d 392.



Ā  Combination of acts of physical abuse and omissions to
discharge parental duties and responsibilities, when coupled with requisite
mental state, may rise to level of murder.Ā  73 H. 236, 831 P.2d 924.



Ā  Where petitioner's convictions on counts I (attempted first
degree murder), II (second degree murder), and III (attempted second degree
murder) violated Ā§701-109(1)(c)'s clear prohibition against inconsistent
factual findings, the failure to raise this issue, both at trial and on appeal,
resulted in withdrawal of not only a potentially meritorious defense, but a
defense that would have altered the outcome.Ā  74 H. 442, 848 P.2d 966.



Ā  Defendant charged with attempted murder, in violation of
Ā§705-500 and this section, may be convicted of attempted manslaughter, in
violation of Ā§Ā§705-500 and 707-702(2).Ā  80 H. 27, 904 P.2d 912.



Ā  The offense of use of a firearm in the commission of second
degree murder in violation of Ā§134-6(a) is not an included offense of second
degree murder in violation of this section.Ā  87 H. 1, 950 P.2d 1201.



Ā  As conviction for manslaughter due to an extreme mental or
emotional disturbance under Ā§707-702(2) is deemed an acquittal of murder,
double jeopardy barred defendant's reprosecution for second degree murder under
this section.Ā  88 H. 356, 966 P.2d 1082.



Ā  Defendant's drug-induced mental illness was not a defense to
second degree murder under subsection (1) as adoption of such a rule would be
contrary to the statutory scheme and legislative intent of Ā§Ā§702-230 and
704-400.Ā  93 H. 224, 999 P.2d 230.



Ā  Where evidence that child was a victim of battered child
syndrome was relevant to show that child's death was not an accident, but the
result of an intentional, knowing or reckless criminal act, giving rise to a
duty on defendant's part to obtain medical care for child pursuant to Ā§663-1.6,
trial court did not err in admitting expert testimony that child was a victim
of battered child syndrome.Ā  101 H. 332, 68 P.3d 606.



Ā  The trial court did not violate the double jeopardy clause of
the Hawaii constitution by convicting defendant of attempted murder in the
second degree under this section, and place to keep, and use of a firearm under
Ā§134-6, as each of the offenses contains elements which the others do not.Ā  107
H. 469, 115 P.3d 648.



Ā  Trial court reversibly erred when it gave flawed jury
instruction on elements of murder in second degree, which led to improper
closing argument by prosecutor, where defendants were charged with committing
murder in second degree by voluntarily omitting to perform a duty imposed by
law, more specifically, by omitting to perform their parental duty to provide
timely medical care to son.Ā  10 H. App. 43, 861 P.2d 24.



Ā  Under Ā§701-109(4)(a) and (c), reckless endangering in the
first degree under Ā§707-713 is an included offense of attempted murder in the
second degree under this section.Ā  94 H. 513 (App.), 17 P.3d 862.



Ā  Where expert's testimony on the batteredĀ  child syndrome was
relevant to prove that the injuries to child were not accidental and that
someone must have intended to harm child, trial court did not abuse discretion
in admitting testimony.Ā  101 H. 256 (App.), 66 P.3d 785.



Ā  The head injuries inflicted on victim, the use of the kiawe
branch, and the fact that victim was left in a dark, undeveloped area where
victim would not be discovered until morning was substantial evidence of
sufficient quality and probative value that defendant had the specific intent
to kill victim.Ā  103 H. 490 (App.), 83 P.3d 753.



Ā  Mentioned:Ā  74 H. 197, 840 P.2d 374.