Hawai'i Legal News

State v. Hern & State v. Ledbetter (ICA March 27, 2013) Background. In January, Dennis Hern was charged with driving under the influence of an intoxicant. Hern filed a series of pretrial motions including a motion to compel discovery and a motion to dismiss for lack of jurisdiction. At a hearing, the motion to compel was granted and the motion to dismiss was denied. In August, Hern filed a motion to dismiss for violation of speedy trial rights and a violation of HRPP Rule 48. The district court found a rule 48 violation and dismissed the case without prejudice. Hern moved to reconsider the dismissal without prejudice. Joseph Ledbetter was also charged with DUI. Ledbetter filed four motions to compel discovery. At a hearing before the district court, the prosecution said it was ready for trial. Ledbetter said he had not received discovery. The trial was continue with time charged against the prosecution. At a hearing nearly two months later, the prosecution served Ledbette...

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 citat...

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...

State v. Spearman (February 21, 2013) Background. Sarah Spearman was charged with operating a vehicle while under the influence of an intoxicant. The complaint advanced two theories: driving with an amount sufficient to impair her normal mental faculties or ability to care for her person and guard against casualty and with .08 or more grams of alcohol per 210 liters of breath. HRS § 291E-61(a)(1)&(3). The complaint did not state the state of mind for the first theory. At the arraignment, Spearman moved to dismiss the complaint on the grounds that no mens rea was included. The motion was denied and the case went to trial. At trial, the witnesses for the prosecution testified that Spearman blew into the Intoxilyzer 8000 and the results came to "0.251 . . . percent of alcohol liters per 2/10ths breath." After the prosecution rested, Spearman moved for a judgment of acquittal and moved to strike all testimony relating to the breath test and its results. The district c...

State v. Kong (January 31, 2013) Background. Stanley Kong was charged with various drug offenses in two separate prosecutions. He petitioned into the Maui Drug Court Program. At the hearing on the petition, the circuit court explained that if violated the terms and conditions of the Maui Drug Court Program, he could be terminated from the program. The circuit court then found that Kong waived his rights "as indicated in the petition for admission" to the program and he was admitted. Kong participated in the program for several months, but at a status hearing, Kong admitted that he had relapsed and "used drugs." The circuit court informed Kong that he was going to give him another chance and keep him in the program. At the next scheduled hearing, Kong did not show up. The circuit court issued a bench warrant. He was picked up and appeared before the circuit court in custody. At that initial hearing, Kong told the court that he wanted to "self-terminate...

State v. Kaulia (January 4, 2013) Background. Dennis Kaulia was charged with assault in the third degree. HRS § 707-712(1)(a). Kaulia demanded a jury trial, an attorney, and submitted a notice stating that Kaulia was a "foreign nation to USA and State of Hawaii as a subject of the Kingdom of Hawaii." The other document was a "Motion For Nolle Prosequi With Prejudice As to All Counts." The trial court interpreted these documents as a motion to dismiss the charge for lack of jurisdiction. A formal motion to dismiss was later filed. Kaulia argued that the motion was based on the continuing existence of the Kingdom of Hawai'i. At the hearing, Kaulia requested an evidentiary hearing and wanted to call witnesses to establish the existence of the kingdom. The request and ultimately the motion were denied. The prosecution filed a motion to amend the complaint to provide for only a petty misdemeanor of assault by mutual affray--an offense for which Kaulia had no...

State v. Gonzalez (HSC November 28, 2012) Background. Jose R. Gonzalez was charged with excessive speeding. HRS § 291C-105(a). At his arraignment, he was orally charged with the following: [Gonzalez,] you're charged with on or about the 14th of January, 2011, in the City and County of Honolulu, State of Hawaii, you did drive a motor vehicle at a speed exceeding the applicable State of Hawaii or county speed limit by 30 miles per hour or more and/or 80 miles per hour or more irrespective of the applicable State of Hawai'i or county speed limit. By doing so you violated Section 291C-105(a)(1) and/or (a)(2) of the Hawai'i Revised Statutes. Gonzalez orally moved to dismiss the charge on the grounds that the charge failed to state the requisite state of mind. The prosecution argued that state of mind is not required. The motion was denied. At trial, HPD Officer Jeremy Franks testified that on the H-2 Freeway just before the Mililani Mauka off-ramp he used his Laser T...