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American Samoa Government v Mulipola [2013] ASHC 50; DCR 481-13 (10 July 2013)

HIGH COURT OF AMERICAN SAMOA

AMERICAN SAMOA GOVERNMENT, Plaintiff,

v.

MARK MULIPOLA, Defendant.

District Court of American Samoa

DCR 481-13

July 10, 2013

Before: WARD, District Court Judge

Counsel: For Plaintiff, Tony Graff, Assistant Attorney General
For Defendant, Sharron I. Rancourt

NOTICE OF RECORD OF DISMISSAL (A.S.C.A. § 47.0502)

Please take notice that pursuant to A.S.C.A. § 47.0502, the Court has reduced to writing a summary of its oral Bench Decision finding lack of probable cause to believe an A.S.C.A. Title 47 Domestic Violence crime was committed. The order binding over the defendant on the underlying A.S.C.A. Title 46 felony Assault in the First Degree reflected this finding and are contained the attached summary outlining the reasons therefore as required by A.S.C.A. § 47.0502.

Summary of Oral Bench Ruling 3 July „13
P.X. Hearing, ASG v. Mulipola DCR 481-13

The Court found that the government failed to demonstrate probable cause that a ―crime involving domestic or family violence‖ pursuant to A.S.C.A. § 47.0401 was charged or proven under Count 1 of the Complaint. A summary of the grounds orally cited in that Bench Decision are:

1. Assault in the 1st Degree is a criminal offense codified under Title 46, A.S.C.A. § 46.3520.

2. Pursuant to A.S.C.A. § 46.1901, for an offense defined outside of Title 46, the term of imprisonment or the fine is that in the statute defining the offense.

3. Title 47 defines a distinct crime, (outside of Title 46), and provides specific punishment therefore under A.S.C.A. § 47.0402 of a mandatory fine of $150.

4. Under A.S.C.A. § 47.03103, the ―crime involving domestic or family violence‖ defined in A.S.C.A. § 47.0401, punishable only by a fine, becomes an infraction, which needs to be separately charged and proven under its Title 47 definition, specified criminal proceedings, and punishment established therein.

5. Under A.S.C.A. § 47.0401, a crime involving domestic or family violence occurs when a household or family member commits one or more of the listed categories of ―crimes‖ against another family or household member. None of the ―crimes‖ categories referenced by statute or by other designation demonstrate that these categories of ―crimes‖ are those set forth, defined, and for which punishment is established under Title 46 A.S.C.A.

6. Under A.S.C.A. § 46.3107, a person whose conduct may establish the commission of more than one offense, he may be charged with each applicable offense, but may not be convicted if inconsistent findings of fact are required for each, or if the charges differ only as to prohibit a course of conduct generally, versus a specific instance of that conduct. Nothing in this section authorizes charging a defendant with a single ―hybrid‖ felony comprised of a Title 46 felony and a Title 47 infraction.

7. Other conflicts between these separate A.S.C.A. titles addressed orally.

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