State v. Thornton (ICA December 1, 2009)
Background. HPD stopped a car in Waikiki for an expired motor vehicle tax. Thornton was driving and Gipson was in the passenger's seat. Thornton presented his ID, vehicle registration, and insurance card. The police suspected that the insurance card was fraudulent and called [...]
State v. Strong (ICA November 25, 2009)
Background. Strong was arrested and taken to the Kalihi police station where he was advised of his constitutional rights using a standard police form. Officer McKee attempted to question Strong about a robbery on March 19, 2006. Strong stated that he understood his [...]
State v. Corder (HSC November 19, 2009)
Background. The family court granted Allison Corder's extension of a protective order against Lawrence Corder. Months later, Corder was charged with two separate counts of violating the order of protection (HRS §§ 586-5.5 and 586-11(a)(1)(A)). In the complaint the counts referred to police report [...]
State v. Wheeler (HSC November 17, 2009)
Background. Wheeler was charged with operating a vehicle under the influence of an intoxicant (HRS § 291E-61(a)(1)). The State's charges went like this:
"on or about May 31st, 2001, in the City and County of Honolulu, State of Hawaii, [Wheeler] did operate or'" [...]
State v. Mundon (HSC November 13, 2009)
Background. Mundon was charged with several counts of sex assault in various degrees, kidnapping, terroristic threatening, and assault. Mundon requested to represent himself at trial and requested appointed standby counsel. The circuit court granted those requests. At trial, the complainant that she encountered [...]
State v. Billam-Walker (ICA August 11, 2009)
Background. Walker was charged with endangering the welfare of an incompetent person. HRS § 709-905. This was initially a summary disposition order. The ICA granted the state's motion for publication. The ICA presented no background facts.
No Abuse of Discretion in Denying Continuance.' [...]
State v. Estabillio (HSC October 26, 2009)
Background. Officer Pauole was contacted by the vice squad for assistance in a traffic stop. On the Big Island, the vice squad officers do not have marked police cars. Vice Officer Prudencio told Pauole that Estabillio was seen driving around Puna with expired [...]
State v. Assaye (HSC September 30, 2009)
Background. Assaye was charged with excessive speeding (HRS § 291C-105(a)). At his bench trial, Officer Franks testified that with a laser gun he clocked Assaye driving at 90 m.p.h. in a 55 m.p.h. zone. Officer Franks testified that he had been certified to [...]
State v. Inman (ICA September 15, 2009)
Background. Inman was charged with several counts of violating an injunction against harassment (HRS § 604-10.5). An injunction was imposed against Inman. He was not permitted to contact or threaten Klein. The charges allege that Inman made various phone calls, glared, lunged, and [...]
State v. Domingo (ICA September 11, 2009)
Background. Domingo was indicted for one count of Accidents Involving Death or Serious Bodily Injury (HRS § 291C-12); specifically, that Domingo failed to stop his car at the scene of the accident and breached his duty to remain on the scene pursuant to HRS [...]
State v. Suan (ICA August 26, 2009)
Background. Suan was charged with unauthorized control of a propelled vehicle (HRS § 708-836). At trial, the woman whose car was stolen and two police officers testified against Suan. Suan called two alibi witnesses and he himself testified. At closing, the prosecutor made [...]
Udac v. Takata Corp. (ICA August 19, 2009)
Background. Udac was driving a 1981 Nissan Pathfinder on the Big Island. The Pathfinder went off the road at around 55 mph, hit lava rocks, and rolled. Udac and his passenger were ejected. Udac was rendered a paraplegic. Udac sued Takata Corp. [...]
State v. Line (HSC August 11, 2009)
Background. The police caught Dean Line with a crystal methamphetamine pipe and tiny plastic bags. Dean told the police that he would arrange a buy with his dealer. They agreed. Dean went to his house and never came out. The police [...]
Roxas v. Marcos (HSC August 10, 2009)
Background. In 1971, Roxas found the famed "Yamashita Treasure," a gold bullion buried by Japanese soldiers in the Philippines during World War Two. Ferdinand Marcos' men stole the treasure, arrested Roxas, and tortured him. Roxas transferred his interest in the treasure to the Golden' [...]
Kapuwai v. City and County of Honolulu (HSC July 16, 2009)
Background. Kapuwai was injured on the job and brought a worker's compensation claim against his employer, the City. The City accepted responsibility. Later a doctor determined that Kapuwai suffered permanent disfigurement. After a hearing, a hearings officer concluded that' [...]
State v. Tuialii (ICA June 30, 2009)
Background. Tuialii was charged with theft in the first degree (HRS § 708-839.5(1)(a)) based on an alleged transfer of about $76,000 from his employer's account to his personal account. Tuialii pleaded no contest. The no-contest plea form stated that various penalties, including restitution,' [...]
State v. Nakamura (ICA June 29, 2009)
Background. Nakamura pleaded guilty to a single count of excessive speeding (HRS § 291C-105). Nakamura agreed to, pursuant to the district court's "suggestion," a six-month license suspension among other things like a fine and community service. The district court sentenced him pursuant to' [...]
Charmaine Tavares Campaign v. Wong (ICA June 25, 2009)
Background. Charmaine Tavares ran for mayor of Maui County, a non-statewide office with a four-year term. Tavares' campaign committee was called the Charmaine Tavares Campaign (CTC) and was organized to spend money on behalf of and accept contributions for her mayoral' [...]
In re TKC (ICA June 24, 2009)
Background. The State filed a petition against TC, a juvenile, alleging ten counts of engaging in sexual conduct with a person less than fourteen years old. TC was less than fourteen years old at the time of the incidents. The family court conducted [...]
United Here! Local 5 v. City and County of Honolulu (ICA May 22, 2009)
Background. In the 1980s Kuilima owned a resort on the north shore of Oahu. Kuilima proposed a project that would expand the existing hotel, build three new hotels, a golf course, condominiums, clubhouse, tennis courts, [...]
Sierra Club v. DOT (HSC May 13, 2009)
Procedural Background. After the HSC reversed the circuit court and held that the Act 2 of the special session was unconstitutional because it was a "special law" in violation of Hawai'i Constitution Art. XI § 5, the DOT filed a motion' [...]
State v. Kekona (ICA May 11, 2009)
Background. Kekona was indicted for, among other things, attempted murder in the 2d degree against Ah Loo. Before trial, the State filed a motion in limine that would prohibit any evidence that Ah Loo physically abused Kekona's girlfriend, Tammy Antonio, before the' [...]
State v. Mark (ICA May 8, 2009)
Background. There was an arrest warrant out for Mark for allegedly shooting Paikai and firing shots at Piko. Police responded to a tip that Mark would be at the Baskin-Robbins in Kapolei. Officers responded. They were not in uniform. Officers Gaspar and [...]
State v. Bereday (ICA May 7, 2009)
Background. On May 8, Mariko Bereday went to the beach in Kahala with her Rottweiler. Tomooka met Bereday. Tomooka's son tried to pet the Rottweiler, but Bereday told him to stop. The boy did. Bereday tried to leave, but the Rottweiler would' [...]
State v. Nicholson (ICA May 1, 2009)
Background. Nicholson was chatting online with Bradford, a special special agent at the Attorney General's Office. Special Agent Bradford was pretending to be a 14-year-old girl. Nicholson was 40. Their chats included explicit sexual content. Nicholson also sent Special Agent Bradford photographs of people having' [...]
State v. Espinosa (ICA April 30, 2009)
Background. Espinosa went up to an undercover police officer posing as a prostitute on the corner of Kukui and A'ala streets in Honolulu. He offered the officer $40 in exchange for "anything and everything," which was street vernacular for sexual intercourse. Espinosa' [...]
State v. Woodfall (HSC April 8, 2009)
Background. Woodfall tried to cash a check at a bank. The check from Design Build, Inc. was written to "Christopher B. Bailey," a fictitious person. Woodfall told the teller that he was Bailey and presented an Idaho driver's license for Bailey. The teller, however,' [...]
State v. Dawson (ICA April 8, 2009)
Background. Officers Kang and Pacheco--each riding separately--responded to a call from dispatch to recover an alleged stolen vehicle at an apartment complex. Officer Kang asked dispatch to run a warrant check on Dawson. Officer Kang later explained that he asked for Dawson [...]
Hawaii v. OHA (SCOTUS March 31, 2009)
Background. In 1893, the Hawaiian Kingdom was replaced with the Republic of Hawaii. Under the Newlands Resolution of 1898, Congress proclaimed that the Republic of Hawaii ceded Government and Crown Lands to the federal government in fee. In 1900, the Territory of [...]
State v. Asuncion (ICA March 30, 2009)
Background. Asuncion was convicted of custodial interference in the second degree (HRS § 707-727). In 2004, the district court sentenced Asuncion to one year probation. One of the conditions of probation was not to contact the complaintant. Later that year, Asuncion was [...]
State v. Hinton (HSC March 20, 2009)
Background. Hinton was first indicted for allegedly touching a girl (sex assault in the 3d. -- HRS § 707-7321(1)(b)). As the jury deliberated, the jurors informed the trial court that they could not reach a unanimous verdict. The jury was hopelessly deadlocked [...]
Sierra Club v. DOT (HSC March 16, 2009)
Background. The Hawai'i Superferry was an interisland boat service that used state harbors throughout the islands. The Sierra Club and two other non-profit organizations sued the Department of Transportation and the Superferry on the grounds that no environmental assessment was prepared prior' [...]
Doe v. Doe (ICA February 27, 2009)
Background. Mother and Father had a child. Mom had physical custody and Dad had visitation rights. For about two years a custody battle ensued. Various guardians ad litem were appointed and temporary restraining orders filed. Dad filed an ex parte motion for [...]
Roxas v. Marcos (ICA February 12, 2009)
Background. The facts underlying this case are nothing short of extraordinary and Justice Levinson's recitation of the facts in the first Roxas v. Marcos, 89 Hawai'i 91, 969 P.2d 1209 (1998), reads like a novel. In 1971, Roxas found [...]
In re Estate of Damon (HSC December 30, 2008)
Background. Samuel M. Damon died in 1924. His will created a trust to administer over his property. By 1999, the trust assets included stock in publicly-traded companies and significant land holdings in Hawai'i and California. By 2003, the trust sold off' [...]
