STATE OF HAWAI`I, Respondent/Plaintiff-Appellee, vs. CHRIST V. NGO, Petitioner/Defendant-Appellant.
(Accidents Involving Death or Serious Bodily Injury)
Attorneys for Petitioner/Defendant-Appellant:
John M. Tonaki, Public Defender, and Summer M.M. Kupau, Deputy Public Defender
Attorneys for Respondent/Plaintiff-Appellee:
Keith M. Kaneshiro, Prosecuting Attorney, and Brian R. Vincent, Deputy Prosecuting Attorney
The above-captioned case has been set for argument on the merits at:
Supreme Court Courtroom
417 South King Street
Honolulu, HI 96813
NOTE: Order assigning Circuit Court Judge Richard K. Perkins due to a vacancy, filed 07/02/12.
NOTE: Order accepting Application for Writ of Certiorari, filed 07/13/12.
NOTE: Order granting motion to continue oral argument to 09/20/12 at 11:00 a.m., filed 07/26/12.
COURT: MER, CJ; PAN, SRA, & SSM, JJ, and Circuit Court Judge Richard K. Perkins due to a vacancy.
Petitioner was charged with Accidents Involving Death or Serious Bodily Injury, Hawai`i Revised Statutes § 291C-12. The charge arose from a fight that took place during which Petitioner/Defendant-Appellee Christ V. Ngo (Petitioner) allegedly ran over the complaining witness while the friends of the complaining witness were striking Petitioner’s vehicle with bats and batons.
In his Application, Petitioner asks (1) whether the ICA gravely erred in concluding that the court did not abuse its discretion when it engaged in “prosecutorial questioning” of one of the defense’s witnesses, and (2) whether in light of in State v. Nesmith, 127 Hawai`i 48, 276 P.3d 617 (2012), the indictment was deficient for omitting the requisite state of mind for the offense.