State of Hawai'I, Respondent/plaintiff-Appellee v. Jason Keliikoaikaika Kalaola, Petitioner/defendant-Appellant

Summary

The court held that substantial evidence supported Kalaola's conviction based on his failure to disperse from the first floor of Aloha Tower Marketplace, but not based on the second-floor events. Because the conviction was set aside for instructional error rather than total evidentiary insufficiency, double jeopardy did not bar a retrial limited to the first-floor conduct, while retrial based on the second-floor conduct was barred. Justice Acoba, joined by Justice Duffy, concurred in part and dissented in part, reasoning that the conviction should have been reversed rather than remanded because the jury's basis for conviction could not be determined.