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STATE v. TUIPUAPUA

No. 19172.

925 P.2d 311 (1996)

83 Hawai`i 141

STATE of Hawai`i, Plaintiff-Appellant, v. Muavae TUIPUAPUA, also known as Tuipuapua Moananu, Defendant-Appellee.

Supreme Court of Hawai`i.

October 2, 1996.

Attorney(s) appearing for the Case

Charlotte J. Duarte, Deputy Prosecuting Attorney, on the briefs, Honolulu, for plaintiff-appellant.

Theodore Y.H. Chinn, Deputy Public Defender, on the briefs, Honolulu, for defendant-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

RAMIL, Justice.

Plaintiff-appellant State of Hawai`i (prosecution) appeals the granting by the First Circuit Court of defendant-appellee Muavae Tuipuapua's motion to dismiss his indictment. On appeal, the prosecution contends that the criminal prosecution against Tuipuapua was not barred by double jeopardy on the basis that: (1) jeopardy does not attach to a forfeiture that is not contested by the defendant; and (2) case law indicates that double jeopardy does not...

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