Legal Opinion

State v. Wheeler

Hawaii Supreme Court

Decided November 17, 2009No. 29149PublishedCited by 87 opinions

1Opinion of the Court

Opinion of the Court by

RECKTENWALD, J.

Respondent/Defendant-Appellant Carson Lalepa Wheeler was convicted of Operating a Vehicle Under the Influence of an Intoxicant (OVUII), in violation of Hawai'i Revised Statutes (HRS) § 291E-61(a)(l) and (b)(l)(2007). 1 Prior to the start of trial, Wheeler moved to have the District Court of the First Circuit (district court) 2 dismiss the oral charge, on the grounds that it did not allege all of the material elements of the offense. The district court denied that motion.

Wheeler appealed his conviction to the Intermediate Court of Appeals (ICA). The ICA…

2Cases cited36 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Hamling v. United StatesSupreme Court of the United States · 1974
  3. Russell v. United StatesSupreme Court of the United States · 1962
  4. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  5. Webster v. FallSupreme Court of the United States · 1925

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3Cited by87 opinions

  1. State v. NesmithHawaii Supreme Court · 2012
  2. First Insurance Co. of Hawaii v. a & B Properties, Inc.Hawaii Supreme Court · 2012
  3. v. PeopleSupreme Court of Colorado · 2020
  4. Kaleikini v. Yoshioka. Motion for Reconsideration, filed 09/04/2012.Hawaii Supreme Court · 2012
  5. Lales v. Wholesale Motors Company.Hawaii Supreme Court · 2014

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