State v. Nesmith
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Kevin Nesmith and Chris Yamamoto were each charged with operating a vehicle under the influence of an intoxicant (OVUII) pursuant to Haw. Rev. Stat. 291E-61(a)(1) and/or (a)(3). The trial court found Nesmith and Yamamoto guilty as charged. Nesmith and Yamamoto appealed, alleging that the complaints were legally deficient for having failed to allege mens rea. The intermediate court of appeals (ICA) affirmed, holding that mens rea need not be alleged in a complaint charging crimes under sections 291E-6a(a)(1) and/or (a)(3). The Supreme Court consolidated the cases and held (1) pursuant to State v. Wheeler, a charge of OVUII under section 291E-61(a)(1) must allege the requisite mens rea; (2) an OVUII charge under section 291E-61(a)(3) is an absolute liability offense for which mens rea need not be alleged or proven; (3) the ICA erred by relying on general intent cases to hold that mens rea may be inferred from the allegations in a section 291E-61(a)(1) OVUII charge; and (4) the State v. Nesmith majority erred by extending Haw. Rev. Stat. 806-28 to the district courts.
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