State v. Bullard
Annotate this CasePetitioner Tommy Bullard was convicted of operating a vehicle under the influence of an intoxicant (OVUII) in violation of Haw. Rev. Stat. 291E-61(a)(1). The intermediate court of appeals (ICA) affirmed. The Supreme Court accepted Bullard's application for writ of certiorari and vacated the judgment of the ICA, holding (1) pursuant to State v. Nesmith, which holds that an OVUII charge under section 291E-61(a)(1) must allege mens rea, the ICA erred by concluding that mens rea need not be alleged in a section 291E-61(a)(1) charge; and (2) without such allegation, Bullard's charge was fatally deficient. Remanded to the district court with instructions to dismiss without prejudice.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.