77 Hawai'i 219, State v. Lorenzo, No. 16405
| Court | Court of Appeals of Hawai'i |
| Writing for the Court | Before BURNS; HEEN |
| Citation | 883 P.2d 641,77 Hawaii 219 |
| Docket Number | No. 16405 |
| Decision Date | 20 October 1994 |
| Parties | 77 Hawai'i 219 STATE of Hawai'i, Plaintiff-Appellee, v. Anthony L. LORENZO, Defendant-Appellant. |
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v.
Anthony L. LORENZO, Defendant-Appellant.
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[77 Hawai'i 220] Kali Watson, on the brief, Honolulu, for defendant-appellant.
James M. Anderson, Deputy Pros. Atty., City and County of Honolulu, on the brief, Honolulu, for plaintiff-appellee.
Before BURNS, C.J., and HEEN and WATANABE, JJ.
HEEN, Judge.
Upon his plea of nolo contendere, Defendant-Appellant Anthony Lorenzo (Lorenzo) was adjudged guilty of the offenses of failing to render assistance after being involved in an automobile accident, Hawai'i Revised Statutes (HRS) § 291C-12 (1985), driving without a license, HRS § 286-102 (1985), and negligent injury, HRS § 707-705 (Supp.1992).
Lorenzo appeals, arguing that the lower court erred in denying his pretrial motion (Motion) to dismiss the indictment. The essence of the Motion is that the Kingdom of Hawai'i (Kingdom) was recognized as an independent sovereign nation by the United States in numerous bilateral treaties; the Kingdom was illegally overthrown in 1893 with the assistance of the United States; the Kingdom still exists as a sovereign nation; he is a citizen of the Kingdom; therefore, the courts of the State of Hawai'i have no jurisdiction over him. 1 Lorenzo makes the same argument on appeal. For the reasons set forth below, we conclude that the lower court correctly denied the Motion.
We start with the proposition that the court's jurisdiction to consider matters brought before it is a question of law, United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir.1993), cert. denied, 510 U.S. 881, 114 S.Ct. 225, 126 L.Ed.2d 180, which is subject to de novo review on appeal applying the "right/wrong" standard. State v. Furutani, 76 Hawai'i 172, 180, 873 P.2d 51, 59 (Sup.1994) (citing In re Estate of Holt, 75 Haw. 224, 232, 857 P.2d 1355, 1359, reconsideration denied, 75 Haw. 580, 863 P.2d 989 (1993)) (citation omitted).
The lower court in this case orally ruled:
[A]lthough the Court respects Defendant's freedom of thought and expression to believe that jurisdiction over the Defendant for the criminal offenses in the instant case should be with a sovereign, Native Hawaiian entity, like the Kingdom of Hawaii [Hawai'i], such an entity does not preempt nor preclude jurisdiction of this court over the above-entitled matter.
The essence of the lower court's decision is that even if, as Lorenzo contends, the 1893 overthrow of the Kingdom was illegal, that would not affect the court's jurisdiction in this case. Although the court's rationale is
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[77 Hawai'i 221] open to question in light of international law, 2 the record indicates that the decision was correct because Lorenzo did not meet his burden of proving his defense of lack of jurisdiction. HRS § 701-115(2). Therefore, we must affirm the judgment. State v. Schroeder, 76 Hawai'i 517, 880 P.2d 192 (1994) (citing Brooks v. Minn, 73 Haw. 566, 576, 836 P.2d 1081, 1087 (1992)).The United States Government recently recognized the illegality of the overthrow of the...
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Denis v. Ige, Civil NO. 21-00011 SOM-RT
...Resolution is not "tantamount to a recognition that the [Hawaiian] Kingdom continues to exist." State v. Lorenzo , 77 Haw. 219, 221, 883 P.2d 641, 643 (1994) ; cf. Hawaii v. Off. of Hawaiian Affs. , 556 U.S. 163, 172, 129 S.Ct. 1436, 173 L.Ed.2d 333 (2009) (rejecting claim for injunctive re......
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State v. Armitage, Nos. SCWC–29794
...reply on July 26, 2007, asserting what they termed the "Lorenzo defense" based on the ICA's decision in State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994), that future courts would consider evidence and arguments in support of recognition of the inherent sovereignty of native Hawaiia......
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Piedvache v. Ige, Civil No. 16-00138 DKW-RLP
...States or this District Court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011......
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State v. Kaulia, No. SCWC–11–0000089.
...and not of the State are not exempt from application of the State's laws. See id. at 55, 101 P.3d at 664;State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994); State v. French, 77 Hawai‘i 222, 883 P.2d 644 (App.1994); Nishitani v. Baker, 82 Hawai‘i 281, 921 P.2d 1182 (App.1996); State v......
-
Denis v. Ige, Civil NO. 21-00011 SOM-RT
...Resolution is not "tantamount to a recognition that the [Hawaiian] Kingdom continues to exist." State v. Lorenzo , 77 Haw. 219, 221, 883 P.2d 641, 643 (1994) ; cf. Hawaii v. Off. of Hawaiian Affs. , 556 U.S. 163, 172, 129 S.Ct. 1436, 173 L.Ed.2d 333 (2009) (rejecting claim for injunctive re......
-
State v. Armitage, Nos. SCWC–29794
...reply on July 26, 2007, asserting what they termed the "Lorenzo defense" based on the ICA's decision in State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994), that future courts would consider evidence and arguments in support of recognition of the inherent sovereignty of native Hawaiia......
-
Piedvache v. Ige, Civil No. 16-00138 DKW-RLP
...States or this District Court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011......
-
State v. Kaulia, No. SCWC–11–0000089.
...and not of the State are not exempt from application of the State's laws. See id. at 55, 101 P.3d at 664;State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994); State v. French, 77 Hawai‘i 222, 883 P.2d 644 (App.1994); Nishitani v. Baker, 82 Hawai‘i 281, 921 P.2d 1182 (App.1996); State v......