Kosrae v Alokoa [2004] FMKSC 14; 13 FSM Intrm. 82 (Kos. S. Ct. Tr. 2004) (13 December 2004)

KOSRAE STATE COURT TRIAL DIVISION
Cite case as Kosrae v Alokoa, 13 FSM Intrm. 82 (Kos. S. Ct. Tr. 2004)

STATE OF KOSRAE,
Plaintiff,

vs.

REEDSON ALOKOA,
Defendant.

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CRIMINAL CASE NO. 119-04

JUDGMENT OF ACQUITTAL

Aliksa B. Aliksa
Associate Justice

Trial: December 8, 2004
Decided: December 13, 2004

APPEARANCES:

For the Plaintiff:
Paliknoa Welly
State Prosecutor
Office of the Kosrae Attorney General
P.O. Box 870
Tofol, Kosrae FM 96944

For the Defendant:
Steve George
Office of the Public Defender
P.O. Box 245
Tofol, Kosrae FM 96944

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HEADNOTES

Criminal Law and Procedure - Dismissal; Criminal Law and Procedure - Traffic Offenses

[13 FSM Intrm. 82]

The offense of negligent driving requires proof of driving a vehicle in such a manner as to constitute a substantial deviation from the standard of care a reasonable person would exercise in the situation and when the state did not present any witnesses who saw the defendant driving his vehicle and there was no evidence presented to show the manner in which defendant was driving his vehicle and whether it was a substantial deviation from the appropriate standard of care and an officer testified that the defendant reported that he had a problem with his vehicle, it is reasonable to infer that this problem may caused the vehicle to leave the road and come to rest in the culvert. The state thus failed to present a prima facie case and the defendant's motion for acquittal on that count was granted and that count dismissed. Kosrae v. Alokoa, 13 FSM Intrm. 82, 83 (Kos. S. Ct. Tr. 2004).

Criminal Law and Procedure - Dismissal; Criminal Law and Procedure - Traffic Offenses
The offense of unauthorized operation of a motor vehicle requires proof of operating a motor vehicle on a road without possessing a valid license or learner's permit and when the state did not present any witnesses who saw the defendant operating his vehicle and did not present any evidence that the defendant did not possess a driver's license or learner's permit, there was no evidence presented to prove that the defendant operated his vehicle without a valid license or permit in his possession. The state thus failed to present a prima facie case and the defendant's motion for acquittal on that count was granted and that count dismissed. Kosrae v. Alokoa, 13 FSM Intrm. 82, 83 (Kos. S. Ct. Tr. 2004).

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COURT’S OPINION

ALIKSA B. ALIKSA