Complaint insufficient for charging harassment in the disjunctive

State v. McCarthy, No. 29701 (August 31, 2010) – I won a motion to dismiss today with this memorandum opinion (not precedent, but may be cited for persuasive value if filed on or after July 1, 2008 (HRAP 35(c)) in which the complaint charging harassment under Section 711-1106(1)(b) was found insufficient because it charged the results of the conduct in the disjunctive (“or”), rather than in the conjunctive (“and”).

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