Legal Opinion

State v. Basnet.

Hawaii Supreme Court

Decided December 18, 2013No. SCWC-11-0000762Published

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold first, that respectfully, the Family Court of the First Circuit (the family circuit court) should have arraigned Petitioner/Defendant-Appellant Sushil Basnet (Basnet) in accordance with Hawaii Rules of Penal Procedure (HRPP) Rule 10(a), but because it failed to do so, the case must be dismissed without prejudice. Second, in the event of retrial, we hold that the charge was sufficient inasmuch as it “fully defin[ed] the offense in unmistakable terms readily comprehensible to persons of common understanding.” State v. Jendrusch, 58 Haw. 279, 282, 567 P.2d…

2Cases cited16 opinions

  1. Hamilton v. AlabamaSupreme Court of the United States · 1961
  2. State v. SawyerHawaii Supreme Court · 1998
  3. State v. WellsHawaii Supreme Court · 1995
  4. State v. MerinoHawaii Supreme Court · 1996
  5. State v. JendruschHawaii Supreme Court · 1977

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