# State v. Nichols > Hawaii Supreme Court · August 25, 2006 · 111 Haw. 327 URL: https://www.frixlaw.com/law-library/cases/9796899 ## Case - **Full name:** STATE of Hawai'i, Respondent/Plaintiff-Appellee, v. Tracy NICHOLS, Petitioner/Defendant-Appellant - **Court:** Hawaii Supreme Court - **Decided:** August 25, 2006 - **Citations:** 111 Haw. 327; 141 P.3d 974 - **Precedential status:** Published - **Opinion:** Dissent by Nakayama - **Judges:** Levinson, Acoba, Duffy, Nakayama, Moon - **Cited by:** 128 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/9796899 ## How later opinions describe it (automated extraction) - holding "that,... in the case of erroneous jury instructions, [the plain error] standard of review is effectively merged with the [Hawai'i Rules of Penal Procedure] Rule 52(a) harmless error standard of review because it is the duty of the trial court to properly instruct the … - holding “that, ... in the case of erroneous jury instructions, [the plain error] standard of review is effectively merged with the [Hawai'i Rules of Penal Procedure] Rule 52(a) harmless error standard of review because it is the duty of the trial court to properly instruct the… - stating that “[w]hile [remedial] discretion may exist in the federal courts,” “there is no ease in this jurisdiction referring to ‘remedial discretion’ in connection with plain error, nor can we discover any reported criminal case in which this court has found plain error but … - holding that "once instructional error is demonstrated, we will vacate, without regard to whether timely objection was made, if there is a reasonable possibility that the error contributed to the defendant's conviction, i.e. , that the erroneous jury instruction was not harmle… - holding that "this [c]ourt will apply the plain error standard of review to correct errors which seriously affect the fairness, integrity, or public reputation of judicial proceedings, to serve the ends of justice, and to prevent the denial of fundamental rights" (citations om… ## Opinion text Dissent by NAKAYAMA, J., in which MOON, C.J., joins. I would grant reconsideration of the opinion for the reasons stated in the dissent and also out of consideration of the ethical dilemmas that will be confronted by defense counsel, as set forth in the state’s motion. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9796899. Public record. Not legal advice.