State v. Taylor
Annotate this CaseDaniel Taylor was convicted in federal court of conspiracy to traffic in Native American cultural items that were obtained in violation of the Native American Grave Protection and Repatriation Act. The items were native Hawaiian artifacts that Taylor and an accomplice took from a cave. A year later the State grand jury indicted Taylor for theft in the first degree in violation of Haw. Rev. Stat. 708-830(1) and 708-830.5(1)(a) with regard to the same events. Taylor moved to dismiss the indictment, and the circuit court denied Taylor's motion. The intermediate court of appeals (ICA) affirmed. The Supreme Court affirmed, holding (1) the State presented sufficient evidence to the grand jury to find probable cause that the property taken was "property of another" under section 708-830(1); and (2) Taylor's prosecution in state court was not barred by Haw. Rev. Stat. 701-112 because the theft charge required proof of a fact not required for Taylor's federal conspiracy offense, and the purposes behind the state and federal statutes differed.
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