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Showing posts from February, 2010

Smell of Booze Sufficient Evidence for Minor Consuming Liquor

State v. Hoe (ICA February 25, 2010)Background. Hoe was charged with consuming liquor while being under twenty-one years old (HRS § 281-101.5). At a bench trial, Maui High vice principal David Tanuvasa testified that during a school assembly he saw Hoe acting rowdy. Tanuvasa took him out of the assembly and put him in an office. Tanuvasa testified that he was familiar with the way people smell when they drink and testified that he could smell alcohol coming from Hoe. The principal of the school also testified that he was familiar with the smell of booze and that he went to the office and could smell alcohol emitting from Hoe. Officer Terry testified that he responded to the situation and that he was trained to detect the odor of alcohol. Officer Terry testified that he could smell alcohol on Hoe. Officer Terry attempted to administer a breath test on Hoe, but it failed. Officer Terry also testified that Hoe was unsteady on his feet, rowdy, and that he believed Hoe had consume…

HSC Limits Scope of Subpoena Duces Tecum in Criminal Cases

Honolulu Police Dept. v. Town (HSC February 4, 2010)Background. Odeb Kay was charged with various felonies. Kay obtained discoverable material from the prosecution regarding the complaining witness's criminal history. Kay issued and served a subpoena duces tecum on the Honolulu Police Department pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 17(b). Kay wanted five police reports made in connection with an arrest of the complaining witness. HPD moved to quash on the grounds that it was impermissible discovery and an attempt to circumvent discovery requests from the prosecutor. The motion to quash was denied. HPD petitioned for a writ of mandamus.Mandamus is Proper Because HPD--a Third Party--is Not Permitted to Appeal. The right to appeal from a criminal case "exists only when given by some constitutional or statutory provision." Grattifiori v. State, 79 Hawai'i 10, 13, 897 P.2d 937, 940 (1990). The parties in criminal cases may appeal pursuant…