State v. Thompson
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The Supreme Court reversed the judgment of the intermediate court of appeals (ICA) determining that the criminal complaint against Defendant did not comply with Haw. Rev. Stat. 805-1 but that a non-compliant complaint could still be used to initiate and maintain a prosecution by penal summons, holding that the family court erred in issuing a penal summons.
The State charged Defendant by complaint with abuse of a household or family member, but the complaint was neither signed by a complainant nor supported by a declaration. The family court issued a penal summons compelling Defendant to appear. After appearing, Defendant filed a motion to dismiss, arguing that the complaint was deficient, and therefore, the family court lacked probable cause to issue the penal summons. The family court granted the motion to dismiss. The ICA vacated the family court, concluding that the district court did not err in issuing the penal summons. The Supreme Court reversed, holding (1) section 805-1 does not distinguish between complaints for penal summons and complaints for arrest warrants; and (2) therefore, the ICA erred in holding that the State need not comply with its statutory obligations simply because it sought a penal summons.
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