Whiting v. State

Opinion of the Court by

KLEIN, J.

We granted Petitioner-Appellant-Defendant Timothy Lewis Whiting’s petition for a writ of certiorari to review the decision of the Intermediate Court of Appeals (ICA) in State v. Whiting, No. 20208 (App. Nov. 26, 1997). In Whiting, the ICA affirmed the circuit court’s October 11,1996 findings of fact, conclusions of law, and order denying Whiting’s motion to dismiss based on an alleged violation of the double jeopardy clause of the United States and Hawai'i constitutions. Id. slip op. at 12. The issue presented was whether double jeopardy principles precluded a…