Legal Opinion · Concurrence

State v. Bowman

Hawaii Intermediate Court of Appeals

Decided February 27, 2015No. CAAP-13-0005863Published

1Concurrence

*189Concurring Opinion by

NAKAMURA, C.J.

I agree with the majority’s analysis and decision in this case.

I write separately to express my views on certain language in State v. Nesmith, 127 Hawai'i 48, 52, 276 P.3d 617, 621 (2012), which is quoted by the majority. Although not integral to its analysis, the majority quotes language from Nesmith indicating that a court’s jurisdiction over a case turns on the sufficiency of the charge. In my view, this portion of Nesmith had effectively been overruled by State v. Davis, 133 Hawai'i 102, 104, 120, 324 P.3d 912, 914, 930 (2014), which held that even when…

2Cases cited2 opinions

  1. State v. NesmithHawaii Supreme Court · 2012
  2. State v. Davis.Hawaii Supreme Court · 2014

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