Legal Opinion
State v. Miller
Hawaii Intermediate Court of Appeals
Decided November 2, 1983No. 8902; F.C. CRIMINAL NO. 28PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT BY
BURNS, C.J.
The State appeals the lower court’s dismissal with prejudice of Count I of a two-count indictment. The issue is whether the lower court erred when it decided that Hawaii’s speedy trial rule, Rule 48 of the Hawaii Rules of Penal Procedure (HRPP), mandated dismissal of Count I. We find error and reverse.
On April 29, 1981, defendants Annie B. Miller (Mrs. Miller) and Edward Miller (Mr. Miller) were indicted for assault in the first degree of Mrs. Miller’s minor child in violation of Hawaii Revised Statutes (HRS) § 707-710 (1976), a class B felony.
On September 3,…
2Cases cited6 opinions
- State v. EstencionHawaii Supreme Court · 1981
- American Security Bank v. Read Realty, Inc.Hawaii Intermediate Court of Appeals · 1980
- State v. HerreraHawaii Supreme Court · 1981
- Wohlschlegel v. Uhlmann-Kihei, Inc.Hawaii Intermediate Court of Appeals · 1983
- Davis v. DavisHawaii Intermediate Court of Appeals · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Roxas v. MarcosHawaii Supreme Court · 1998
- State v. LopezHawaii Supreme Court · 1995
- Chun v. Bd. of Trustees of ERSHawaii Supreme Court · 2000
- State v. OrtizHawaii Supreme Court · 1999
- Fujimoto v. AuHawaii Supreme Court · 2001
42 more not listed; retrieve them via the Exa API.