State v. Martins, 106 Haw. 136

Summary

The Supreme Court of Hawai'i held that a jury instruction defining a “true threat” is required in every terroristic threatening prosecution, including cases based on words, conduct, or a combination of both. The court reversed the Intermediate Court of Appeals in part, vacated Martins's conviction for second-degree terroristic threatening, and remanded for a retrial on that count.

Holdings

1. The requirement of a jury instruction defining a 'true threat' applies in all terroristic-threatening prosecutions, regardless of whether the alleged threat is proved by verbal expression, motor behavior, or a combination of verbal expression and conduct.
2. The circuit court plainly erred by failing to instruct the jury on the true-threat requirement, and the error required vacatur of Martins's second-degree terroristic-threatening conviction and a retrial on that count.

Questions Presented

1. Whether a jury instruction defining a constitutionally sufficient 'true threat' is required in every terroristic-threatening prosecution, including prosecutions based on physical conduct or a combination of words and conduct.
2. Whether the circuit court's failure to give a true-threat instruction constituted plain error requiring reversal of the terroristic-threatening conviction.

Disposition

reversed_and_remanded