Hawaii Supreme Court· 2/24/2003

State v. Cummings

Citations

63 P.3d 1109
101 Haw. 139
2003 Haw. LEXIS 79

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

substantive defect in complaint amounts to a defect in subject matter jurisdiction, which may not be waived or dispensed with
“[A]n oral charge, complaint, or indictment that does not state an offense contains within it a substantive jurisdictional defect, rather than simply a defect in form, which renders any subsequent trial, judgment of conviction, or sentence a nullity.”
charge of Driving Under the Influence under HRS § 291-4(a)(1) (Supp.1998
charge of Driving Under the Influence under HRS § 291-4(a)(1) (Supp.1998) that did not include defendant was under the influence “in an amount sufficient to impair the person’s normal mental faculties or ability to care for oneself and guard against casualty” was fatally deficient

Source: CourtListener parenthetical corpus (CC0).

Judges: Levinson, Acoba, Intermediate, Lim, Moon, Nakayama

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

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