825 P.2d 1062 (Hawai'i 1992), 15199, State v. Meyers
|Citation:||825 P.2d 1062, 72 Haw. 591|
|Opinion Judge:||[72 Haw. 591] HAYASHI, Judge.|
|Party Name:||STATE of Hawaii, Plaintiff-Appellee, v. Catherine F. MEYERS, also known as Catherine Pierce, Defendant-Appellant.|
|Case Date:||February 11, 1992|
|Court:||Supreme Court of Hawai'i|
Syllabus by the Court
1. An accused's actual presence in the state at the time the crime is committed is not necessary to establish jurisdiction.
2. Proof that either the utterance or communication of threatening language occurred within Hawaii establishes a basis for subject matter jurisdiction.
3. Under HRS § 701-106, a telephone call received in Hawaii constitutes conduct within the state.
[72 Haw. 596] Jonathan W. Leeds, Honolulu, for defendant-appellant.
Daniel Morris, Honolulu (S. Gail Robertson on the brief), Deputy Attys. Gen., for plaintiff-appellee.
[72 Haw. 591] HAYASHI, Judge.
Defendant-Appellant Catherine F. Meyers (Meyers) appeals her conviction for the offense of terroristic threatening in the first degree in violation of Hawaii Revised Statutes (HRS) § 707-716.
[72 Haw. 592] I.
On February 8, 1990, Meyers telephoned her probation officer Elva Higashi (Higashi), from San Diego, California. Higashi received the call in her Honolulu office. Meyers conveyed to Higashi numerous threats aimed at Judge Michael Town and his family. Meyers told Higashi: (1) she planned to machine gun Judge Town's office and would take down as many people as she could in the process; (2) she would "get a killer to kill him" if she could not get Judge Town off the bench; (3) she would "get" Judge Town's children if she could not "get" him; and (4) that there would be "lots of murders" and if she gets turned down again, she could hire a lot of people to kill. Meyers also informed Higashi that she had purchased and registered a gun in her name in California. Apparently the motivation underlying these threats was due to the fact that several years earlier Judge Town had granted permanent guardianship of Meyers's daughter to the daughter's foster parents because of Meyers's unfitness and mental instability.
After receiving the telephone call, Higashi contacted Judge Town and warned him of Meyers's threats. Based upon Meyers's threats to Judge Town, she was indicted for the offense of terroristic threatening in the first degree. Prior to the start of trial, Meyers filed a motion to dismiss the indictment based on the State's lack of jurisdiction. The motion was denied, and thereafter, trial commenced. After the...
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