# State v. Eberly

> Hawaii Supreme Court · June 2, 2005 · 107 Haw. 239

URL: https://www.frixlaw.com/law-library/cases/9782181

## Case

- **Full name:** STATE of Hawai'i, Plaintiff-Appellee-Petitioner, v. Bardwell EBERLY, Defendant-Appellant-Respondent
- **Court:** Hawaii Supreme Court
- **Decided:** June 2, 2005
- **Citations:** 107 Haw. 239; 112 P.3d 725; 2005 Haw. LEXIS 287
- **Precedential status:** Published
- **Opinion:** Dissent by Moon
- **Judges:** Levinson, Duffy, Acoba, Moon, Nakayama
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9782181

## How later opinions describe it (automated extraction)

- holding "when a defendant asserts a non-affirmative defense and adduces evidence in support thereof, the circuit court must instruct the jury as to the prosecution's burden of proof with respect to negativing the defense"
- holding that the trial court plainly erred in failing to instruct the jury that the prosecution bore the burden of negativing defendant's mistake-of-fact defense
- applying the presumption of harmfulness in the context of plain error review

## Opinion text

Dissenting Opinion by
MOON, C. J.
For the reasons stated by Justice Ramil in his dissenting opinion in State v. Locquiao, 100 Hawai'i 195, 209 , 58 P.3d 1242, 1256 (2002) (Ramil, J., dissenting), which I joined, I respectfully dissent from the majority’s disposition of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9782181. Public record. Not legal advice.