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[DOWNLOAD] "State V. Davia" by Hawaii Supreme Court # eBook PDF Kindle ePub Free

State V. Davia

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eBook details

  • Title: State V. Davia
  • Author : Hawaii Supreme Court
  • Release Date : January 01, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

The defendant-appellant David B. Davia appeals from his conviction and sentence of one count of driving under the influence of intoxicating liquor in violation of Hawai'i Revised Statutes (HRS) § 291-4 (Supp. 1996).*fn1 He argues, and the prosecution concedes, that the district court erred by (1) failing to engage Davia in an on-the-record colloquy to establish that his plea of no contest was knowing and voluntary, and (2) failing to accord Davia his right of allocution prior to sentencing. Additionally, Davia asserts that the ninety-day suspension of his driver's license (3) was not authorized by HRS § 291-4 and (4) constituted cruel and unusual punishment in violation of the eighth amendment to the United States Constitution*fn2 and article I, section 12 of the Hawai'i Constitution (1978).*fn3


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