Legal Opinion

State v. Sullivan

Hawaii Supreme Court

Decided December 17, 2001No. 22902PublishedCited by 16 opinions

1Opinion of the Court

Opinion of the Court by

RAMIL, J.

Defendant-appellant Kevin A. Sullivan (Sullivan) was charged with driving under the influence of drugs (DUI DRUGS), in violation of Hawai'i Revised Statutes (HRS) § 291-7 (1993). 1 Sullivan appeals from the order of the first circuit court, denying his motion for a jury trial. On appeal, Sullivan claims that the circuit court incorrectly determined that a first-time DUI DRUGS offense constitutes a “petty” offense to which a jury trial does not attach.

We hold that (1) for purposes of HRS § 291-7, a first-time DUI-DRUGS offense is not a constitutionally “serious”…

2Cases cited17 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Blanton v. City of North Las VegasSupreme Court of the United States · 1989
  3. State v. ToyomuraHawaii Supreme Court · 1995
  4. Gray v. Administrative Director of CourtHawaii Supreme Court · 1997
  5. Korean Buddhist Dae Won Sa Temple v. SullivanHawaii Supreme Court · 1998

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3Cited by16 opinions

  1. Morgan v. Planning Department, County of KauaiHawaii Supreme Court · 2004
  2. Knauer v. FooteHawaii Supreme Court · 2003
  3. State v. WalkerHawaii Supreme Court · 2004
  4. State v. CoffeeHawaii Intermediate Court of Appeals · 2004
  5. State v. BasabeHawaii Intermediate Court of Appeals · 2004

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