[DOWNLOAD] "State v. Hartel-Davis" by In the Intermediate Court of Appeals of the State of Hawaii # Book PDF Kindle ePub Free

July 23, 2021

eBook details

Title: State v. Hartel-Davis
Author : In the Intermediate Court of Appeals of the State of Hawaii
Release Date : January 27, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

Defendant-Appellant Jennifer Ann Hartel-Davis (Hartel-Davis) appeals from the Judgment entered on October 25, 2007, by the District Court of the First Circuit (district court).After a bench trial, the district court found Hartel-Davis guilty of operating a vehicle under the influence of an intoxicant, in violation of Hawaii Revised Statutes (HRS) Â§ 291E-61(a)(1) (2007).Hartel-Daviss sole point of error on appeal is that the district court failed to provide her with the warnings required by Tachibana v. State, 79 Hawaii 226, 236, 900 P.2d 1293, 1303 (1995), at the conclusion of the trial. Plaintiff-Appellee State of Hawaii (the State) concedes that the district court violated Tachibana by failing to obtain an on-the-record waiver directly from Hartel-Davis of her right to testify. The State further concedes that this error was not harmless beyond a reasonable doubt. See id. at 240, 900 P.2d at 1307. We conclude that the States confession of error is appropriate. See State v. Wasson, 76 Hawaii 415, 418, 879 P.2d 520, 523 (1994).