October 29, 2007 (No. 27549)
Opinion [pdf]
OPINION OF THE COURT BY ACOBA, J.
Petitioner/Defendant-Appellant James Murray (Petitioner) filed an application for writ of certiorari on April 27, 2007, requesting that this court review the February 6, 2007 judgment of the Intermediate Court of Appeal (the ICA), issued pursuant to its January 19, 2007 memorandum opinion, affirming the September 13, 2005 judgment of the family court of the second circuit (the court), convicting Petitioner of Abuse of A Family Member or Household Member as a class C felony, HRS §§ 709-906(1) and (7) (Supp. 2006).
Respondent/Plaintiff-Appellee State of Hawai'i (Respondent) did not file a memorandum in opposition.
. . . .
Based on the foregoing, the ICA's February 6, 2007 judgment is reversed, the court's September 13, 2005 judgment is vacated, and the case is remanded to the court for a new trial. [footnotes omitted]
Dissenting opinion by Nakayama, J. [pdf]
