HRS 0635-0029 ANNOTATIONS

Peremptory challenges in criminal cases, see HRPP rule 24(b).

Sequence for challenging jurors, see RCC rule 17(f).

Where four joint defendants joined in each of 10 challenges, held that they had exercised their full right of challenge, although each would have been allowed ten challenges if taken separately. 3 H. 90.

Erroneous overriding of an objection to a juror by court avails nothing to the party objecting if party has not exhausted party's peremptory challenges. 8 H. 339. Prejudicial if accused compelled to exhaust peremptory challenges. 23 H. 792.

See 9 H. 522; 11 H. 293.

Defendant's right to one peremptory challenge to alternate jurors under HRPP rule 24(c) is a right pertaining to all the alternate jurors and therefore defendant shall not be called upon to exercise the challenge until all potential alternate jurors have been examined and passed on challenges for cause. 79 H. 165 (App.), 880 P.2d 217.

Denial of defendant's statutory right to peremptorily challenge alternate jurors resulted in improper impaneling of alternate juror and was plain error. 82 H. 499 (App.), 923 P.2d 916.

Discussed: 86 H. 214, 948 P.2d 1055.