State v. Doe

I dissent.

In Salavea v. City and County of Honolulu, 517 P.2d 51, 55 (Hawaii, 1973) Justice Levinson, concurring and dissenting, said:

The majority opinion is a collapsible house of cards built with a stacked deck which includes a joker in the form of equating the statutory word “State” with the opinion’s “State or political subdivision.”

In the instant case, there are three jokers in the stacked deck. (1) The failure to equate “judge pro tempore” with “judge de facto;” (2) the failure to equate “removed himself” with “recusal;” and (3) the failure to equate “waiver” with “no objection.”

The…