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State V. Kwak

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eBook details

  • Title: State V. Kwak
  • Author : Hawaii Supreme Court
  • Release Date : January 21, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

On motion for reconsideration, filed on September 11, 1995, of our opinion in State v. Kwak, 80 Haw. 297, 909 P.2d 1112 (Haw. 1995) [hereinafter, Kwak I ], vacating the defendant-appellant Lawrence Taehyo Kwak's convictions of driving under the influence of intoxicating liquor and crossing longitudinal traffic markings and remanding for an order granting his motion for judgment of acquittal, the plaintiff-appellee State of Hawai'i (the prosecution) urges that Kwak I "misapprehended the law regarding proof of venue in criminal cases tried in district court." Having failed to achieve infallibility, despite our best efforts, we confess in this instance that our analytical arrow in Kwak I missed the bull's-eye and make the following remedial observation: "If someone made a mistake he [Darrow] would drawl, 'Hell, that's why they make erasers.'" I. Stone, Clarence Darrow for the Defense (1941), reprinted in D. Shrager and E. Frost, The Quotable Lawyer 99 (1986).*fn1


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