Hawaii (2006/2019)

State v. Pascua (2018, Hawaii) CAAP-150000458, Unpublished

The defendant was charged with kidnapping and aggravated assault. The defendant hit, choked, and threatened to kill the victim. The defendant appealed on sufficiency.

The victim sought medical attention. The ER doctor concluded she had a severe concussion.  There were no definitive tests available, only a clinical diagnosis.

State v. Hardoby (2019) 145 Hawai’i 297. Unpublished.

Coparents were argument in parking lot of Foodland.

The defendant forced his way into their car, punched and choked the victim twice with a 2-handed chokehold. It made it difficult for her to breathe.

The victim called 911.  Officer Aquino responded. Her neck was red, she had a scratch under chin, and she reported pain. They did not see petechiae but described it.

Dr. Kepler testified as a medical expert on NFS.

Strangulation is impeding airflow to the lunch or impeding blood flow to the brain by external pressure to the neck.

He did not exam her but analyzed the photos and found petechiae. There was redness around the eyes. The defendant testified. He denied everything and aid she lied to get child custody. He admitted arguing. He was found guilty.

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