 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Young3/30/2005
upon a determination that the two statutes contain "virtually identical" language may the court "presume that the legislative body did not intend that there should be a remission of crimes not reduced to final judgment." 454 P.2d at 908 (emphasis added).
The majority misapprehends the In re Dapper standard, turning a blind eye to the text of HRS §§ 291-4.5 and 291E-62. Rather than address the language of the statutes, the majority improperly explores legislative history. See Majority Opinion at 12-13. Such a backward application of the "substantial reenactment" exception undermines the very reason for its limited existence -- that the court's "province" is to "administer the laws as find them, leaving it with the legislature to correct faults." Burdick, 1 Haw. at 67. If, as the prosecution contends, the legislature intended to preserve post-repeal prosecutions under HRS § 291-4.5, it failed to express that intent.
VIII.
For the foregoing reasons, I would affirm the court's order as to the dismissal of Count II.
Page 1 2 3 4 5 6 7 8 9 10 11 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|