No. 27850 (Aug. 11, 2009)
Opinion pdf
OPINION OF THE COURT BY ACOBA, J.
Petitioner/Defendant-Appellant Melodie C. Line (Petitioner) filed a petition for writ of certiorari on May 22, 2009, seeking review of the judgment of the Intermediate Court of Appeals (ICA) filed on April 28, 2009, pursuant to its April 7, 2009 Summary Disposition Order (SDO) affirming the March 3, 2006 Judgment of Conviction and Probation for Hindering Prosecution in the First Degree under Hawai‘i Revised Statutes (HRS) § 710-1029 (Supp. 2008), filed by the circuit court of the second circuit (the court). See State v. Line, No. 27850, 2009 WL 924509 (App. Apr. 7, 2009).
We hold that (1) unlawful police conduct is not a defense to a charge of Hindering Prosecution in the First Degree under HRS § 710-1029, however, (2) there was insufficient evidence to sustain a conviction for such an offense in this case, and therefore, the April 28, 2009 judgment of the ICA and the March 3, 2006 judgment of conviction of the court are vacated; but (3) the case is remanded to the court for entry of a judgment of conviction on the lesser included offense of Hindering Prosecution in the Second Degree. [footnotes omitted]
