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Showing posts from March, 2013

Park Factors Fall Out of Favor in Assessing De Minimis Infraction

State v. Pacquing (HSC March 22, 2013) Background. Chester Pacquing was driving a black Acura when he was pulled over by the police on North King Street in Kalihi one night for driving with an expired tax emblem. The police asked for his license, registration, and proof of no-fault insurance. Pacquing didn’t show them the documents, but said he was Michael John Jose and provided a birthdate and residential address. Two citations were generated under that name. One was served on Pacquing, but the police served the other citation at the address he provided. The real Jose was served the citation and Jose went to the Kalihi police station. He told the police that he didn’t own a black Acura. A few weeks later, the police pulled over the same black Acura and again the same officers arrived to the scene. There, they found Pacquing and again Pacquing could not produce any of the driver’s documents. He said that he had no picture id, but was recently cited and showed them one of the citations.…

The Plain Error Problem Persists . . .

State v. Metcalfe (HSC March 19, 2013) Pretrial Background. Kevin Metcalfe was charged by way of complaint of one count of murder in the second degree (HRS § 707-701.5) and carrying or using a firearm while in the commission of a felony (HRS § 134-21). About a month later, the prosecution filed an amended complaint with nearly the same charges, but the complaint was dated June 25, 2009. Metcalfe moved to dismiss the amended complaint based on Double Jeopardy and collateral estoppel. Metcalfe argued that the prosecution could not charge him for this case once the grand jury returned a “no bill” on the initial complaint. Metcalfe did not include a transcript of the grand jury proceedings or the preliminary hearing, but attached a lengthy declaration of counsel detailing what happened. The circuit court denied the motion on the grounds that Double Jeopardy did not attach at the grand jury phase and found that there was “no constitutional or statutory impediment prohibiting the State from …