No. 29078 (September 30, 2009)
Opinion pdf
OPINION OF THE COURT BY NAKAYAMA, J.
Petitioner-Defendant-Appellant, Abiye Assaye ("Assaye"), has applied for a writ of certiorari from the Intermediate Court of Appeals' ("ICA") January 13, 2009 summary disposition order affirming the District Court of the First Circuit's ("trial court's") judgment convicting Assaye of the offense of excessive speeding, in violation of Hawai‘i Revised Statutes (HRS) § 291C-105(a)(1) and/or (a)(2) (Supp. 2006). In his application for writ of certiorari before this court, Assaye asserts that the ICA gravely erred (1) "in concluding that [Respondent-Plaintiff-Appellee, State of Hawai‘i ('prosecution'),] laid the requisite foundation for the admissibility of the laser gun reading pursuant to State v. Stoa, 112 Hawai‘i 260, 265, 145 P.3d 803, 808 (App. 2006)," and (2) "by failing to recognize that the [prosecution] did not lay the requisite foundation for admissibility of the laser gun reading as required by State v. Wallace, 80 Hawai‘i 382, 910 P.2d 695 (1996), and State v. Manewa, 115 Hawai‘i 343, 167 P.2d 336 (2007)." For the following reasons, we reverse the trial court's February 27, 2008 judgment because the ICA's decision is obviously inconsistent with both this court's decision in Manewa and its own decision in State v. Ito, 90 Hawai‘i 225, 978 P.2d 191 (App. 1999). [footnotes omitted]
Concurring opinion by J. Acoba pdf
