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Showing posts from October, 2013

HSC Drops Some (Personal) Knowledge on HPD

State v. Apollonio (HSC October 10, 2013) Background. Ricardo Apollonio was charged with excessive speeding. HRS § 291C-105(a)(1). The complaint and oral arraignment failed to allege the requisite state of mind. In other words, there was nothing in the charging instrument indicating that the conduct was done intentionally, knowingly, or recklessly. At trial, the HPD officer testified that he cited Apollonio for excessive speeding after using the LTI 20-20 laser gun (check itout here).
The officer testified that he was using the laser gun and that he was trained to operate the gun. He said that his training consisted of “class work, going over the operator’s manual, and hands-on time with the laser itself.” His trainer was another HPD officer. The officer testified that the manual was provided by the manufacturer and Apollonio objected on the grounds that the officer lacked the personal knowledge and hearsay. The district court overruled the objection on the grounds that “those issues ha…

Failure to Clarify Theory of OUI Meant no Theory can Proceed on Remand

State v. Nakano (HSC October 9, 2013) Background. Daniel Nakano was charged with operating a vehicle under the influence of an intoxicant. HRS § 291E-61. The complaint alleged that Nakano either committed the offense by having an amount sufficient to impair his normal faculties or guard against casualty in violation of HRS § 291E-61(a)(1) and or by operating a vehicle with a BAC of 0.08 or more in his blood or breath in violation of (a)(3). The complaint did not plead any state of mind. Nakano and the prosecution entered a plea agreement. Nakano requested a conditional plea allowing him to plead no contest to HRS § 291E-61(a)(1) and challenge the sufficiency of the plea on appeal. There was nothing in the change-of-plea form or during the colloquy that indicated if the plea included the other theory under (a)(3). The prosecution agreed to the conditional plea and the district court sentenced Nakano, but stayed it pending appeal.
On appeal, the ICA held that pursuant to State v. Nesmith,…