(DOWNLOAD) "State v. Akina" by Hawaii Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Akina
- Author : Hawaii Supreme Court
- Release Date : January 23, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Defendant-appellant Ron Akina, Jr. (defendant) appeals his conviction in the Family Court of the First Circuit for the offense of Custodial Interference in the Second Degree, in violation of Hawaii Revised Statutes (HRS) § 707-727(1)(a) (1985). Defendant argues that his conduct did not cause or threaten the harm or evil sought to be prevented by the custodial interference statute, and therefore, the court abused its discretion by failing to dismiss the case as de minimus under HRS § 702-236(1)(b) (1985). In addition, defendant challenges the validity of the custodial interference statute, asserting that § 707-727(1)(a) is unconstitutionally vague. Finally, defendant maintains that the court erroneously construed the provision because it convicted him under the facts of this case. We do not reach defendants last two arguments, finding that the case should have been dismissed under § 702-236(1)(b) of the de minimus statute.