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Showing posts from June, 2017

Confrontation Clause Trumps Prohibition of Immigration Status at Trial

State v. Acacio (HSC June 15, 2017) Background. Rainier Acacio was charged with terroristic threatening in the first degree and abuse of a family or household member. The complainant was his ex-girlfriend. At his jury trial, his ex-girlfriend testified that they were living together for two and a half years before breaking up. She testified that she still lived with him even though they were no longer in a relationship.
She testified that on New Year’s Eve, they hosted a party. After the party, while she was right outside the house, she received a call from Acacio, who was inside the house. They exchanged New Year’s greetings and the call ended. The party ended and the complainant went to her room to get ready for bed. Acacio came into her room, closed the door, and said he wanted to fix the relationship. She said that it was over between them and Acacio got “mad and emotional.” Acacio said he was going to kill himself. The complainant said, “go ahead, it’s not my fault.” Acacio left an…

When Building Trust turns to Custodial Interrogation

State v. Trinque (HSC May 25, 2017) Background. The Kauai Police Department got word of marijuana growing in a pasture in Kilauea. One night the officers were conducting surveillance when they found Rick Trinque and another in a pasture. They were arrested and handcuffed and sat on some rocks while KPD took pictures of them. As one of the officers escorted Trinque out of the pasture, one of them asked him how he got into the filed. He told them “he came over the fence by the banana tree using a ladder that was still located by the fence and that he was caught red handed.” Once out of the pasture, he sat on a bench handcuffed.
One of the vice officers was ordered to watch over Trinque. Lt. Richard Rosa was in plain clothes and had a badge around his neck. He had never met Trinque before. He identified himself to Trinque and told him that he was the officer that worked on his daughter’s case. (Trinque’s daughter went to the police and asked for their help because she believed that people …

Statutory Exceptions are Defenses, not Elements but Tachibana Error Warrants new trial

State v. Castillon (ICA May 31, 2017) Background. Michelle Helen Castillon was charged with driving without a license in violation of HRS § 286-102. At trial, the prosecution proved that Castillon did not have a valid Hawaii driver’s license on the day she was seen driving a car on a public road. There was no evidence that Castillon had been issued a valid driver’s license from Canada or Mexico. The district court convicted her and she appealed.
DWOL and its Exceptions. “No person . . . shall operate any category of motor vehicles . . . without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles.” HRS § 286-102(a). There are exceptions for any person possessing a license “that is equivalent to a driver’s license issued in this State but was issued to the person in another state of the United States, the Commonwealth of Puerto Rico, United States Virgin Islands, American Samoa, Guam, a province of the Dominion of Canada, or the Co…

The “Anticipatory” Search Warrant must have a “Triggering Event” (in Hawaii).

State v. Curtis (HSC May 15, 2017) Background. A FedEx employee in Honolulu opened a package suspected to contain narcotics. The package was addressed to a “Jennifer Robertson” at an address on Kauai. FedEx notified the DEA, which notified the Kauai Police Department. KPD determined that the package contained eight pounds of marijuana. The police, with court approval, installed a tracking device in the package that would inform them where the package was located and when it would be opened. The police also applied for an anticipatory search warrant to search the premises.
In the application for search warrant, the police stated that it planned to conduct a controlled delivery of the package. Once it was determined where the package would be sent, received by persons wanting it, and opened, the police sought authorization to search within 48 hours of delivery of the package that premises—wherever that may be. The anticipatory search warrant was issued. The warrant authorized the police …