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11-12-2021, 09:50 AM
(This post was last modified: 11-14-2021, 06:29 AM by malahini.)
Looks like I was wrong.
https://reason.com/volokh/2020/04/04/res...-epidemic/
https://marinbar.org/news/article/?type=news&id=553
Quote:Generally speaking, state governments can't bar people from entering a state, or for that matter traveling within the state. Such prohibitions might normally violate the Commerce Clause, the Privileges and Immunities Clause of Article IV, the Privileges or Immunities Clause of the Fourteenth Amendment, or a substantive due process right to travel.
But the law has long recognized that a state faced with real danger of contagious disease can restrict these rights
...
The longer these restrictions remain in effect, the more they demand judicial scrutiny.
That said, noted constitutional law professor Eugene Volokh of UCLA’s School of Law has opined that some forms of travel restrictions are likely to withstand scrutiny, “based on the general thrust of the cases—coupled with the fact that judges likely don't want to deny government officials the temporary tools they need to stave off likely tens of thousands (or more) deaths in this extraordinary time....” (Eugene Volokh, Restrictions on Interstate (and Intrastate) Travel in an Epidemic, The Volokh Conspiracy Blog (Apr. 4, 2020),
Note the *temporary* here though. Ige is really, really pushing things.
https://www.staradvertiser.com/2020/12/0...dangering/
I looked them up here: http://jimspss1.courts.state.hi.us:8080/...imer.iface
Nothing except a disorderly conduct charge for noise later that month, and traffic stuff. They were partying after getting back?
Safe Travels went into effect October 15th 2020? Am I right?
https://www.khon2.com/coronavirus/visito...-at-hotel/
I can't find anyone matching her name in the court records either. Can anyone actually find court documents for someone who has violated quarantine and actually got charged with a crime, or even fined? Or are they just arresting people and pretending they can if they don't abide after that?
https://www.mauinews.com/news/local-news...violation/
Absolutely no court records for this guy either.
https://www.mauinews.com/news/local-news...uarantine/
They say bail was set at $2000, but I see no court records? Only a traffic violation. How was bail set without any court records?
What am I missing? Where are the court documents if the charges were not dropped quickly?
Are they just arresting all these people only to drop the charges ASAP? I don't even see records of them being fined.
I even paid $15 to use Hawaii eCrim and I could only find the disorderly conduct - noise charge for the Kauai lady.
I've attached an image of it.
Wow... Are these news articles even telling the truth?
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After all the times I've pointed out that enforcement around here is lax at best and mostly non-existent, now do you see that the Hawaiian justice system is big bark - little bite.
Slap on the wrist is the mandatory minimum here.
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(11-12-2021, 11:48 AM)AaronM Wrote: After all the times I've pointed out that enforcement around here is lax at best and mostly non-existent, now do you see that the Hawaiian justice system is big bark - little bite.
Slap on the wrist is the mandatory minimum here.
This isn't about wrist slaps, this is about the whole thing being a complete sham.
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The statute calls it a misdemeanor. No one goes to jail for misdemeanors.
Our liberal courts are releasing violent criminals because of covid.
The STATE OF HAWAII charges:
On or about the 29th day of November, 2020, in the County of
Kaua‘i, State of Hawai‘i, COURTNEY CHEANA PETERSON did engage in
conduct that recklessly placed another person in danger of death or
serious bodily injury, thereby committing the offense of Reckless
Endangering in the Second Degree, a misdemeanor, in violation of
Hawai‘i Revised Statutes Section 707-714(1)(a) .
They are on supervised probation.
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(11-12-2021, 07:21 PM)Obie Wrote: The statute calls it a misdemeanor. No one goes to jail for misdemeanors.
Our liberal courts are releasing violent criminals because of covid.
The STATE OF HAWAII charges:
On or about the 29th day of November, 2020, in the County of
Kaua‘i, State of Hawai‘i, COURTNEY CHEANA PETERSON did engage in
conduct that recklessly placed another person in danger of death or
serious bodily injury, thereby committing the offense of Reckless
Endangering in the Second Degree, a misdemeanor, in violation of
Hawai‘i Revised Statutes Section 707-714(1)(a) .
They are on supervised probation.
Where did you find that info? There's no court records that I could find.
I saw they had a pretrial intervention for the noise complaint but that's it.
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The charge for reckless endangering was changed to Disorderly conduct noise.
Google HRS 711-1101(1)(b
It includes yelling at people which probably came out during the trial.
" Notice of Correction
/* An amendment has been made to the violation for Case Number 5DCW-20-0001294. On 20-APR-2021 count 1 was changed as a result of Amended Complaint */"
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11-12-2021, 11:29 PM
(This post was last modified: 11-12-2021, 11:49 PM by malahini.)
(11-12-2021, 10:04 PM)Obie Wrote: The charge for reckless endangering was changed to Disorderly conduct noise.
Google HRS 711-1101(1)(b
It includes yelling at people which probably came out during the trial.
" Notice of Correction
/* An amendment has been made to the violation for Case Number 5DCW-20-0001294. On 20-APR-2021 count 1 was changed as a result of Amended Complaint */"
Lolololol. I knew it!!! They couldn't make reckless endangerment stick so they changed it to noise. Probably caused a ruckus at the airport. Hilarious.
Someone had awful legal representation. A good one would have been suing the state in federal court for this arrest under false pretense.
To be fair, it's also possible they did a plea deal... I will try to find court transcripts. Not sure how available those are though.
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Since you have a problem finding the transcripts here is the final Disposition.
They both entered a plea of no contest and were given a deferred sentence and put on probation until 09/21/2021 which has now been completed.
PM HRS 711-1101(1)(b)
Disorderly conduct noise
Vio Dt: 11/29/2020
Citation/Arrest #: C20-04923
Plea: No Contest 04/20/2021
Disposition: Accept Nolo Contendere Plea 04/20/2021
Sentence: DANCP (Deferred Acceptance of Nolo Contendere) for 6 Month(s) subject to mandatory terms and conditions 04/20/2021
The following special conditions apply :
1)You shall sign a Waiver of Extradition.
2)You shall submit to photographing by the Adult Client Probation Services for identification purposes.
3)Hearing on proof of compliance/DANCP 9-21-21 at 8 am in courtroom 2
Referred to Collections 04/20/2021
$500.00 Fine/Monetary Assessment 04/20/2021
$30.00 Crime Victim Fee 04/20/2021
$75.00 Probation Fee 04/20/2021
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11-13-2021, 12:26 AM
(This post was last modified: 11-13-2021, 12:29 AM by malahini.)
(11-13-2021, 12:13 AM)Obie Wrote: Since you have a problem finding the transcripts here is the final Disposition.
They both entered a plea of no contest and were given a deferred sentence and put on probation until 09/21/2021 which has now been completed.
PM HRS 711-1101(1)(b)
Disorderly conduct noise
Vio Dt: 11/29/2020
Citation/Arrest #: C20-04923
Plea: No Contest 04/20/2021
Disposition: Accept Nolo Contendere Plea 04/20/2021
Sentence: DANCP (Deferred Acceptance of Nolo Contendere) for 6 Month(s) subject to mandatory terms and conditions 04/20/2021
The following special conditions apply :
1)You shall sign a Waiver of Extradition.
2)You shall submit to photographing by the Adult Client Probation Services for identification purposes.
3)Hearing on proof of compliance/DANCP 9-21-21 at 8 am in courtroom 2
Referred to Collections 04/20/2021
$500.00 Fine/Monetary Assessment 04/20/2021
$30.00 Crime Victim Fee 04/20/2021
$75.00 Probation Fee 04/20/2021
Like I said. I found that fine, but disorderly conduct isn't the same as reckless endangerment. There's something missing.
Either a plea deal or they just couldn't get reckless endangerment to stick so they were grasping for anything to charge them with. If they had only a public defender it's silly to think they had the best representation.
I'm looking for more detailed info. I thought they recorded more than just that in a transcript. I could be wrong though.
One thing I do know though is that courts don't just record the wrong charge, for some reason reckless endangerment got dropped. That's the only explanation.
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I could be wrong though.
...
That's the only explanation.
As you also mentioned, there could have been a plea deal. Often a person is charged with multiple offenses, the prosecuting attorney works out an agreement with the defense attorney and defendant to plead guilty on one or more of the charges, the other charges are dropped, in the courtroom the defendant pleads guilty as s/he agreed , the judge passes sentence.
Next case.
97% of federal court cases are plea deals.
90-95% of state court cases are plea deals.
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