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11/30/2005 Manslaughter conviction overturned – fetus not â€œpersonâ€ Filed under: HI State Politics â€” Doug @ pm Extensive coverage today of the ruling by the Hawaii Supreme Court to overturn a manslaughter conviction against a mother who had used methamphetamine during her pregnancy that led to an infant to die shortly after birth.The Advertiser piece is here, and the SB has two pieces, one on the ruling and another focusing on the political fallout.
After reading the opinions, it would be wrong to call this an â€œactivist courtâ€ ruling.
The Court overturned the manslaughter conviction because the elements of the offense are delineated in plain language in the penal code and the facts of this particular case do not satisfy all the elements of the offense.
Those who are upset with the decision now have no recourse but to attempt to amend the elements of the offense or the legal definition of â€œperson.â€ Those amendments are likely to fail, if they are even introduced or given a public hearing.
Comments (0) New law and/or OHA may help preserve Waimea valley Filed under: HI State Politics â€” Doug @ pm The Waimea valley condemnation saga is becoming even more difficult to understand.
Today in the Honolulu Weekly (online next week) Catharine Lo provides a very helpful flowchart of how it all might proceed.
However, that flowchart already needs to be revised due to the new possibilities discussed in the Advertiser and Star-Bulletin today.Suddenly we learn that OHA might be willing to step in (if the City asks them) and that the new Legacy Lands law may provide a way for the State to help acquire the property for preservation.Itâ€™s all pretty complicated to discern where these new ideas would fit into the timeline/flowchart.The good news is that it seems that everybody (well, at least everyone who has publicly voiced an opinion) prefers to preserve the valley. Comments (1) Weighted student formula flawed by too many amateur opinions, says BOE Filed under: HI State Politics â€” Doug @ pm The membership of the Committee on Weights, the body assigned the task of reallocating per-student funding to DOE schools under the Weighted Student Formula, is the topic of this SB story.The Board of Education (and pretty much everyone else) was not comfortable with the formula that emerged on the first try, so the BOE seeks to reform the Committee and see what alternative formula may emerge.I had previously commented on what I consider to be the flaws of the formula here.Tags: Adult Dating, affair dating, sex dating