Oral Argument Before the Hawaii Supreme Court–No. SCWC-18-0000332
No. SCWC-18-0000332, Thursday, November 21, 2019, 8:45 a.m.
STATE OF HAWAI I, Respondent/Plaintiff-Appellee, vs. ISRAEL VEGA MALAVE, Petitioner/Defendant-Appellant.
The above-captioned case has been set for argument on the merits at:
Supreme Court Courtroom
Ali iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813
Attorney for petitioner:
Emmanuel G. Guerrero of the Law Offices of Emmanuel G. Guerrero, LLLC
Attorney for respondent:
Sonja P. McCullen, Deputy Prosecuting Attorney
NOTE: Order accepting Application for Writ of Certiorari, filed 09/27/19.
COURT: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.
Defendant Israel Vega Malave was convicted after trial in family court of two counts of Sexual Assault in the First Degree based on the alleged sexual abuse of his stepdaughter.
On certiorari, Malave asks this court to determine whether the ICA erred in holding that: (1) the family court had jurisdiction over his case pursuant to Hawai i Revised Statutes (HRS) § 571-14(a)(1); and (2) that there was no rational basis in the record to support the family court instructing the jury on the lesser included offense of Sexual Assault in the Third Degree.