The Latin non compos mentis translates as "of unsound mind": nōn ("not") prefaces ...
Hawaii Intermediate Court of Appeals Court Cases
State v. Liuafi (1981)Liuafi Liuafi, Jr., (hereinafter Liuafi) appeals from a conviction of attempted murder, in violation of Hawaii Revised Statutes (HRS) §§ 705-500 (1976) and 707-701 (1976), and of failure to render assistance, in violation of HRS § 291C-12 (1976). He alleges that 1) the trial court committed reversible error in not allowing defense counsel to cross-examine the complaining witness regarding a possible civil suit against Liuafi; (2) the trial court erred in admitting into evidence the results [...]
Court: Hawaii Intermediate Court of Appeals Docket: 7562
State v. Miller (1983)
The State appeals the lower court's dismissal with prejudice of Count I of a two-count indictment. The issue is whether the lower court erred when it decided that Hawaii's speedy trial rule, Rule 48 of the Hawaii Rules of Penal Procedure (HRPP), mandated dismissal of Count I. We find error and reverse.
Court: Hawaii Intermediate Court of Appeals Docket: 8902
State v. Silva (1995)Defendant Solomon Silva (Defendant) was charged with committing assault in the third degree in violation of Hawai`i Revised Statutes (HRS) § 707-712(a) (1985) on Cheryl Moriyama (Moriyama) and Douglas Dilliner (Dilliner) on January 29, 1991. Following a jury-waived trial on June 26, 1992, he was convicted of the charge involving Moriyama and sentenced to one year's probation with a $400 fine. Defendant was acquitted of the other charge. During the trial, the trial court asked 110 questions of [...]
Court: Hawaii Intermediate Court of Appeals Docket: 16411
Smothers v. Renander (1981)
Plaintiff-Appellee F.L. Smothers, Defendant-Appellant Arthur W. Renander, Jr., and Intervenor-Appellee Hawaiian Trust Company, Ltd. (HTC), were parties in a nonjury trial to determine the validity of and their respective rights under various oral and written agreements. The trial court found in favor of Smothers and HTC. Renander appeals the award of attorney's fees and costs to the victors.
Court: Hawaii Intermediate Court of Appeals Docket: 7485
Everett Walton, Wailuku (B. Martin Luna, Wailuka, with him on the brief; Ueoka & Luna, Wailuka, of counsel), for defendants-appellees Mau-Van Development, Inc., Nick Germani, Sophie Koenig, Curt Schlamann, Arnold Honigman and Gerry Helfrich.
Court: Hawaii Intermediate Court of Appeals Docket: 8309
In this consolidated appeal, we have been asked to review the appropriateness of summary judgments granted to the defendants-appellees collection agencies and employees (Defendants) against the individual plaintiffs-appellants (Plaintiffs) on allegations that Defendants' debt collection practices violated Hawai`i Revised Statutes (HRS) chapter 443B (Supp.1992), which regulates such agencies. We vacate the December 21, 1993 order granting summary judgment in Appeal No. 17743 (Fuller). As to [...]
Court: Hawaii Intermediate Court of Appeals Docket: 17743, 18338
McKeague v. Talbert (1983)
In this tort action, Krin Talbert (defendant) appeals from an order of the court below granting Robert McKeague's (plaintiff) Motion for Partial Summary Judgment on the issue of liability, the jury award of $100,293.85 damages for personal injuries suffered by plaintiff, and the court's award of interest on the judgment at 8% from the date of injury under Hawaii Revised Statutes (HRS) § 478-2 and § 636-16 (1982 Supp.).
Court: Hawaii Intermediate Court of Appeals Docket: 8218
Yorita v. Okumoto (1982)On July 22, 1973, Emmett Yorita, born August 14, 1965, height 4 feet 3 inches, weight 42¾ pounds, was admitted to Hilo Hospital for a tonsillectomy and adenoidectomy. The operation was performed under general anesthesia by Dr. Pete T. Okumoto on July 23, 1973, commencing at approximately 7:35 a.m. and concluding at approximately 8:00 a.m. Emmett was transported to the recovery room where one other tonsillectomy and adenoidectomy patient was being cared for. Emmett arrived at approximately [...]
Court: Hawaii Intermediate Court of Appeals Docket: 7337
Defendants Union Building Materials Corporation (UBM) and Keith Kranz (Kranz) (UBM and Kranz hereinafter collectively Defendants) appeal from the judgment awarding to plaintiff Eastern Star, Inc., S.A. (Eastern Star) treble damages under Hawaii Revised Statutes (HRS) § 480-13(a)(1) (1976) pursuant to the jury's special verdict. Eastern Star cross-appeals the trial court's dismissal of its common law fraud claim. We affirm the judgment awarding treble damages and reverse the dismissal of the [...]
Court: Hawaii Intermediate Court of Appeals Docket: 9667
State v. Chow (1994)
Defendant-Appellant Clarence Chung Hin Chow (Defendant) was convicted of two traffic offenses. We affirm the convictions, but remand for resentencing because Defendant's right of allocution was denied.
Court: Hawaii Intermediate Court of Appeals Docket: 16547
State v. Mundell (1991)
Defendant-Appellant James Charles Mundell (Defendant) appeals from his conviction, after a jury trial, of possession of cocaine, in violation of Hawaii Revised Statutes (HRS) § 712-1243 (1985), and drug paraphernalia, in violation of HRS § 329-43.5(a) (Supp. 1990). Judgment on the jury verdict was entered on June 8, 1990. We affirm.
Court: Hawaii Intermediate Court of Appeals Docket: 14563
Han v. Yang (1997)In this breach of contract, misrepresentation, and breach of fiduciary duty case, Defendant-Appellant Min Ho Yang (Yang) appeals from the First Circuit Court's June 17, 1993 judgment, pursuant to a jury verdict, awarding compensatory, punitive, and treble damages to Plaintiffs-Appellees Pil Dong Han and Young Sun Han (collectively, Han). We affirm the June 17, 1993 judgment, except that portion awarding treble damages against Yang, which we vacate and remand for action consistent with [...]
Court: Hawaii Intermediate Court of Appeals Docket: 17328
State v. DeCenso (1984)
Defendant Fred Albert DeCenso (DeCenso) appeals from a jury conviction of sex abuse in the first degree. He alleges that the lower court erred in: 1) admitting into evidence items seized from him; 2) admitting into evidence the complainant's identification of him; and 3) refusing to allow him to call the complainant as his own witness. We affirm.
Court: Hawaii Intermediate Court of Appeals Docket: 8764
Linson v. Linson (1980)
There is one issue: Whether the trial court erred in ruling that a nonvested federal military retirement benefit which was eighteen-twentieths (18/20) earned but which was worthless until it was twenty-twentieths (20/20) earned was divisible in a divorce action.
Court: Hawaii Intermediate Court of Appeals Docket: 6875
Rosa v. Johnston (1982)
In a jury-waived trial, the court below rendered a money judgment in favor of plaintiffs-appellees Hiram Rosa and Myrna L. Rosa (Rosas) and against defendant-appellant CWJ Corporation, Ltd., dba Solar Hawaii (CWJ), for breach of contract and for unfair and deceptive trade practices. The court dismissed the complaint as to defendant-appellant Charles W. Johnston (Johnston), but entered an order denying him attorney's fee and costs. CWJ and Johnston appeal from such judgment and order.
Court: Hawaii Intermediate Court of Appeals Docket: 7803
Defendant K & M Construction, Inc. (K & M), appeals from a judgment entered against it in a breach of contract action brought by plaintiff Nani Koolau Company (Nani Koolau). We affirm. Nani Koolau cross-appeals from the trial court's denial of its request for costs and attorney's fees. We reverse and remand in part. We will address each appeal seriatim.
Court: Hawaii Intermediate Court of Appeals Docket: 9037
State v. Halemanu (1982)On January 28, 1980, he was in his car (a 1974 Pontiac Ventura with a "souped up engine") on Mott-Smith Drive waiting for the light to permit him to enter Nehoa Street. Halemanu leaned into the window of Arashiro's car from the passenger side and asked for a [cigarette] light. Arashiro handed him the car lighter and Halemanu lit his cigarette. Then, Halemanu reached in, unlocked the door, and got in. When Arashiro questioned Halemanu as to what he was doing, Halemanu told Arashiro "never mind" [...]
Court: Hawaii Intermediate Court of Appeals Docket: 8115
Costa's appeal is based on the following grounds: 1) the trial court erred in granting summary judgment because a genuine issue of material fact existed; and 2) the trial court erred as a matter of law in granting summary judgment. We find no error and affirm.
Court: Hawaii Intermediate Court of Appeals Docket: 8195
State v. Mars (2007)
Defendant-Appellant Michael Mars (Mars) appeals from the May 17, 2006 Judgment of Conviction and Sentence (Judgment) convicting him of three counts of Sexual Assault in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 707-730(1)(c).
Court: Hawaii Intermediate Court of Appeals Docket: 27977
Defendant Central Union Church of Honolulu (Church) has appealed from a summary judgment awarded to plaintiff Bishop Trust Company, Ltd. (Bishop) on four of the five counts of its complaint. Bishop has cross-appealed the refusal of the court to award attorney's fees and costs.
Court: Hawaii Intermediate Court of Appeals Docket: 8307