Summary of State v. Tripp, S. Ct. HA 1990

Facts: Def Tripp shared an apartment at least three days a week, although def and victim each had primary residences elsewhere on the island.  Victim actually became pregnant by def at this residence.  According to Victim while traveling to the hospital, for a caesarean, in the parking garage, def began to strike the victim about the head. The def claimed she fell down.

Issue: Whether the statutory definition of family or household members is too vague and overly broad and therefore unconstitutional?  Whether evidence is sufficient to support finding?

Holding: No.  Yes.

Procedure:  Convicted of Abuse of Family and Household Members by a jury.  Affirmed.

Rule: It shall be unlawful for any person singly or in concert to physically abuse a family or household member, . . . family or household member means spouses or former spouses, parents, children, and persons jointly residing or formerly residing in the same dwelling.

Viewing the evidence in a light most favorable to the State, there is substantial evidence to support the conclusion of the trier of fact.

Court Rationale: The language of the statute is plain in construction of what act is prohibited.  The definition of family or household members provides sufficient notice that “persons jointly residing or formerly residing in the same dwelling unit,” are included within the offense.  The def and victim jointly resided together, as the jury found, from Dec 1987 until March 1988.