Legal Opinion

State v. Whitney

Hawaii Intermediate Court of Appeals

Decided March 1, 1996No. 17378PublishedCited by 2 opinions

1Opinion of the Court

ACOBA, Judge.

On June 14, 1993, Defendant-Appellant Don Lee Whitney (Defendant) was convicted in a bench trial of violating Hawaii Revised Statutes (HRS) § 712-1217 (1993), the “open lewdness” statute. HRS § 712-1217 states:

Open lewdness. (1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.(2) Open lewdness is a petty misdemeanor.

At trial, police officer Kevin Kobayashi (Officer Kobayashi) was the only witness. The following facts are adduced from his testimony. On April…

2Cases cited8 opinions

  1. State v. TexeiraHawaii Supreme Court · 1967
  2. State v. RockerHawaii Supreme Court · 1970
  3. State v. Lian-Wen ChenHawaii Intermediate Court of Appeals · 1994
  4. Rivas v. State, Texas Court of Appeals, 5th District (Dallas)1990
  5. State v. J. O.Supreme Court of New Jersey · 1976

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. KalamaHawaii Supreme Court · 2000
  2. State v. KalamaHawaii Supreme Court · 2000

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