Case Notes

• Jurisdiction: United States,Federal,Hawaii
• Citation: Vol. 22 No. 03
• Publication year: 2018

CASE NOTES

Intermediate Court of Appeals

Criminal

State v. Wilson, No. GAAP-14-0001221, December 26, 2017, (Nakamura, C.J.). Appellee charged Appellant with first-degree terroristic threatening for committing terroristic threatening with the use of a dangerous weapon. After trial, the circuit court found Appellant guilty as charged. On appeal, Appellant contends that: (1) the circuit court erred in admitting evidence which he claims was obtained as the result of an illegal search of his residence and his illegal arrest; and (2) without admission of the excludable evidence, there was insufficient evidence to support a guilty verdict, and therefore, his retrial should be barred by double jeopardy. The ICA disagreed with Appellant and affirmed the conviction and sentence. The ICA concluded that: (1) Appellant had waived his claim that evidence obtained as a result of an illegal search or arrest was improperly admitted at trial; (2) it would recognize the emergency aid exception to the warrant requirement under Article I, section 7 of the Hawaii Constitution; and (3) the evidence that Appellant claimed was excludable was not necessary to the case.

Citation of Memo Opinions under HRAP 35(c)

Rule 35(c) of the Hawaii Rules of Appellate Procedure provides as follow:

(c) Citation.
(1) Dispositions before July 1, 2008. A memorandum opinion or unpublished dispositional order filed before July 1, 2008 shall not be cited in any other action or proceeding except when the memorandum opinion or unpublished dispositional

...