[Download] "State v. Fujimoto" by In the Supreme Court of the State of Hawaii ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Fujimoto
- Author : In the Supreme Court of the State of Hawaii
- Release Date : January 30, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant-appellant Flavian Fujimoto (Fujimoto) appeals from the December 22, 1999 judgment of the family court of the second circuit, the Honorable Eric G. Romanchak presiding, convicting him of and sentencing him for violation of a temporary restraining order (TRO) for protection, in violation of Hawaii Revised Statutes (HRS) § 586-4 (Supp. 1999).On appeal, Fujimoto argues that: (1) HRS §Â§ 586-4 and 586-5 (Supp. 2003) infringed upon his fundamental right to privacy, in violation of article I, section 6 of the Hawaii Constitution, inasmuch as these statutory provisions permit courts to issue TROs that exclude respondents from their homes; (2) the family court committed plain error in convicting him under HRS § 586-4 because there was no evidence to establish that he intentionally or knowingly violated the TRO; (3) HRS § 586-4(c)s sentencing provisions run afoul of the eighth amendment to the United States Constitution and article I, section 12 of the Hawaii Constitution, inasmuch as these provisions impose mandatory minimum jail terms for TRO violations whereas no mandatory minimum jail sentence is imposed for violations of protective orders; and (4) the family court erred in sentencing Fujimoto beyond the mandatory minimum sentence of forty-eight hours for a first time offense under HRS § 586-4.