When the Pleading must Descend into Particulars
State v. Jardine (HSC April 29, 2022) Background. John Keoni Jardine got into a fight with his neighbor and hit him in the head with a baseball bat. The hit caused a “left occipital skull fracture” and “epidural hematoma, pneumocephale.” The prosecution filed a felony information. Here’s how it pleaded assault in the second degree: On or about August 25, 2019, in the City and County of Honolulu, State of Hawaii, JOHN KEONI JARDINE . . . did intentionally, knowingly, or recklessly cause substantial bodily injury to Paul Costa, and/or did intentionally or knowingly cause bodily injury to Paul Costa with a dangerous instrument, thereby committing the offense of Assault in the Second Degree, in violation of Section 707-711(1)(a) and/or Section 707-711(1)(d) of the Hawai'i Revised Statutes. Jardine moved to dismiss the charge on the grounds that the prosecution failed to include the statutory definition of the term “substantial bodily injury.” The circuit court—with the Hon