tag:blogger.com,1999:blog-844955418635981150.post4470993266773277205..comments2024-03-07T20:20:50.163-10:00Comments on Hawai'i Legal News: Dismissal as a Sanction Against Prosecution is not an AcquittalB. Lowenthalhttp://www.blogger.com/profile/13293689883439389796noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-844955418635981150.post-39621041070036762002012-12-07T14:56:28.704-10:002012-12-07T14:56:28.704-10:00Excellent point, Mark! The ICA took the issue of u...Excellent point, Mark! The ICA took the issue of using a dismissal as a sanction in State v. Correa. It came down pretty hard on the Dist. Ct. there. Search for it on the blog to read more (I can't figure out how to do links on comments.)<br /><br />And no, the ICA did not go through those steps. At the start of its discussion, the ICA stated that there "is no dispute that the District Court erred in dismissing the charges[.]"<br /><br />The ICA narrowed the issue to whether the Dist. Ct. had any authority to remedy its mistake.B. Lowenthalhttps://www.blogger.com/profile/13293689883439389796noreply@blogger.comtag:blogger.com,1999:blog-844955418635981150.post-84909422907844323472012-12-07T14:54:53.576-10:002012-12-07T14:54:53.576-10:00This comment has been removed by the author.B. Lowenthalhttps://www.blogger.com/profile/13293689883439389796noreply@blogger.comtag:blogger.com,1999:blog-844955418635981150.post-44780064151628674142012-12-01T20:17:14.088-10:002012-12-01T20:17:14.088-10:00If the district court exercised discretion to dism...If the district court exercised discretion to dismiss the Clemente case, rather than say it was barred by the acquittal, would the outcome have been different? Or is your reading that it is an abuse of discretion to just dismiss the case under those circumstances at all?<br /><br />My cursory reading implies the judge basically just said "If you have no witness, no evidence, judgement of acquittal" but didn't go through those steps .markhttps://www.blogger.com/profile/01823767965760127034noreply@blogger.com