State v. BowmanAnnotate this Case
Defendant, a farmer, was transporting cabbages in the back of his uncovered truck when some of the produce spilled out onto the road. The district court found Defendant guilty of violating Haw. Rev. Stat. 291C-131, which prohibits spilling loads on highways. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court reversed, holding (1) the ICA did not err in holding that Defendant was required to present evidence on every element of the defense before he met his burden of production; but (2) Defendant met his burden of production because “reasonable removal” under section 291C-131(c) requires removal of spilled agricultural produce only when the removal is reasonable, and the prosecution did not produce evidence disproving the elements of Defendant’s defense beyond a reasonable doubt.