NO. 27177
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee
STEVEN
REINHART, Petitioner/Defendant-Appellant
On June 26, 2008, Petitioner/Defendant-Appellant Steven Reinhart (Petitioner) timely filed a petition for writ of certiorari seeking review of the March 28, 2008 judgment of the Intermediate Court of Appeals (ICA) issued pursuant to its March 10, 2008 Summary Disposition Order (SDO) (1) affirming the February 10, 2005 judgment of the family court of the second circuit (2) (the court) convicting Petitioner of Abuse of Family and Household Members, Hawaii Revised Statutes (HRS) § 709-906(4) (Supp. 2005). (3)
On August 4, 2008, this court accepted the petition for writ of certiorari. On September 4, 2008, oral argument was heard in this case.
Having considered the record, the submissions of the parties, and the oral argument in this case, we hold that there was insufficient evidence that Petitioner violated the "Warning Citation" ordering him "to leave the premises located at 239 #U Kawaipuna Pl[ace]" and prohibiting him from "return[ing] to the premises before the expiration of [the] warning citation" at 4:30 p.m. on December 13, 2004. See State v. Davalos, 113 Hawai‘i 385, 389, 153 P.3d 456, 460 (2007) (when reviewing the "sufficiency of the evidence to support [a] conviction," this court considers the evidence in the light most favorable to the State to determine whether each element of the charged offense is supported by "credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion" (internal quotation marks and citations omitted)).
Accordingly, the March 28, 2008 judgment of the ICA and the February 10, 2005 judgment of the court are reversed.
DATED: Honolulu, Hawai‘i, September 8, 2008.
1. The SDO was issued by Presiding Judge Corinne K.A. Watanabe, and Associate Judges Daniel R. Foley and Katherine G. Leonard.
2. The Honorable Eric G. Romanchek presided.
3. HRS § 709-906 states in pertinent part as follows:
(a)
The police officer may make reasonable inquiry of
the family or household member upon whom the officer
believes
physical abuse or harm has been inflicted and other witnesses as there
may be;
(b)
Where the police officer has reasonable grounds to
believe that there is probable danger of further physical
abuse or
harm being inflicted by one person upon a family or household member,
the police officer lawfully
may order the person
to
leave the premises for a period of separation of twenty-four hours,
during which
time the person shall
not initiate any
contact, either by telephone or in person, with the family or household
member; provided that
the person is allowed to enter
the premises with police escort to collect any
necessary personal
effects;
(c)
Where the police officer makes the finding referred
to in paragraph (b) and the incident occurs after 12:00
p.m. on any
Friday, or on any Saturday, Sunday, or legal holiday, the order to
leave the premises and to
initiate no further
contact shall
commence immediately and be in full force, but the twenty-four hour
period
shall be enlarged and
extended until 4:30 p.m.
on the first day following the weekend or legal holiday;
(d)
All persons who are ordered to leave as stated above
shall be given a written warning citation stating the
date, time, and
location of the warning and stating the penalties for violating the
warning. A copy of the
warning citation shall be
retained
by the police officer and attached to a written report which shall be
submitted in all cases. A
third copy of the warning
citation shall be given to the abused person;
(e)
If the person so ordered refuses to comply with the
order to leave the premises or returns to the premises
before the
expiration of the period of separation, or if the person so ordered
initiates any contact with the
abused person, the person
shall be placed under arrest for the purpose of preventing further
physical abuse
or harm to the family or
household
member[.]