(DOWNLOAD) "State V. Mattiello" by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Mattiello
- Author : Hawaii Supreme Court
- Release Date : January 16, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
On March 2, 1999, we granted the petitioner-appellant Dominick Joseph Mattiello's application for a writ of certiorari to review the Intermediate Court of Appeals' (ICA) memorandum opinion in State v. Mattiello, No. 21187, mem. op. (Haw. Ct. App. Jan. 28, 1999) (hereinafter, the "ICA's majority opinion"). In his application, Mattiello argues that the ICA's majority opinion was erroneous in holding that the prosecution had adduced evidence that Mattiello knowingly distributed "[t]hree eighths ounce or more" of a "dangerous drug" sufficient to support his conviction of promoting a dangerous drug in the first degree, in violation of Hawaii Revised Statutes (HRS) § 712-1241(1)(b)(ii)(B) (1993). Mattiello urges this court to adopt the reasoning of Judge Acoba's opinion Dissenting from the ICA's majority opinion (hereinafter, the "Dissent"), which would have held, pursuant to HRS §§ 712-1240 (1993) and 712-1241(1)(b)(ii)(B), that where the dangerous drugs that are the subject of a charge are in liquid form, the prosecution must adduce substantial proof of: (1) a measurement of the liquid in fluid ounces; and (2) "the standard measurements required for converting volume to mass," in order for the jury to convert the fluid ounces measurement to the avoirdupois weight of the drug mixture.