The appeals court ruled that a prior conviction for grading without a permit does not bar a subsequent prosecution for manslaughter resulting from covering a spillway for a dam. Photo of the Alekoko Fish Pond on Kauai courtesy of Collin Grady.
The Hawaii Intermediate Court of Appeals upheld the indictment against James Pflueger who had previously plead no contest to grading without a permit. Pflueger argued that the filling of the spillway was part of the same conduct as the grading and that he was being punished twice for the same conduct in violation of the Double Jeopardy Clauses in the United States Constitution and in the Hawaii Constitution.
The case illustrates the problem that courts are not very vigilant in upholding protections against Double Jeopardy for multiple punishments for the same conduct. While this case may have been high profile in Hawaii it would probably not get much coverage elsewhere. That is sad because this is an issue that goes far beyond the beautiful Aloha State. There are people all over this country who are being unfairly subjected to multiple prosecutions for the same conduct because courts are not vigilant in protecting that aspect of the right against Double Jeopardy. Click here to read the opinion:
