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State v. Realina

Hawaii Intermediate Court of Appeals

616 P.2d 229 (1980)

Relevant factsFree

Marcelino Realina (defendant) was having an affair with Steve Hardisty's wife, and Hardisty had previously called Realina to threaten to kill him. After the couple separated, Hardisty saw Realina driving and, believing he was going to see his estranged wife, confronted him in a police-station parking lot, verbally threatening him and reaching into Realina's car to grab his shirt when Realina tried to leave. After Hardisty released him, Realina retrieved a cane knife and chased Hardisty into the police station, holding the knife upright; an officer ordered Realina to drop it, and he complied. Realina was convicted of terroristic threatening and appealed, arguing insufficient evidence supported his conviction.

IssueFree

Whether, in Hawaii, a defendant may use deadly force against an attacker if he believes it necessary to protect himself against death, serious bodily injury, kidnapping, or other serious harm.

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