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Hawaii Supreme Court Court Cases
Kema v. Gaddis (1999)In this original proceeding, the petitioner Peter Kema, Sr. (petitioner) petitions this court for a writ of prohibition or mandamus directing Ben H. Gaddis, district family court judge of the third circuit, to: (1) withhold release of records requested by the respondent Gannett Pacific Corporation, dba Honolulu Advertiser (Advertiser), a general circulation newspaper, pertaining to the family court files of a minor, Peter Kema, Jr.; and (2) vacate a June 17, 1998 decision and order regarding [...]
Court: Hawaii Supreme Court Docket: 21733
Dale W. Lee and David L. Monroy, Kobayashi, Sugita & Goda, Honolulu, for plaintiff, counterdefendant-appellee, cross-appellant and additional counterdefendants, appellees Amfac, Inc., Waikiki Beachcomber, Island Holidays, Ltd. and Walcomber Corp.
Court: Hawaii Supreme Court Docket: 15053
State v. Arceo (1996)Following a jury trial, the defendant-appellant Anthony Arceo was found guilty as charged of committing one count of sexual assault in the third degree (Count One), in violation of Hawai`i Revised Statutes (HRS) § 707-732(1)(b) (1993), and one count of sexual assault in the first degree (Count Two), in violation of Hawai`i Revised Statutes (HRS) § 707-730(1)(b) (1993), upon his six-year-old son. Arceo appeals the judgment of conviction entered by the circuit court pursuant to the [...]
Court: Hawaii Supreme Court Docket: 16950
State v. Toyomura (1995)The defendant-appellant Harry Hidenori Toyomura was convicted in the district court of the first circuit of driving under the influence of intoxicating liquor (DUI), in violation of Hawai`i Revised Statutes (HRS) § 291-4(a)(1) (1993). On appeal, Toyomura urges that the trial court erred in the following respects: (1) in denying his motion to dismiss the charge against him "on Double Jeopardy grounds"; and (2) in permitting a police officer to render opinions as to whether Toyomura had (a) [...]
Court: Hawaii Supreme Court Docket: 17973
Rodrigues v. State (1970)
In a suit instituted under the State Tort Liability Act, judgment was rendered against the State of Hawaii and in favor of Mr. and Mrs. Vincent E. Rodrigues, Jr., for damages caused to their home by surface waters overflowing a blocked drainage culvert.
Court: Hawaii Supreme Court Docket: 4833
State v. Kelekolio (1993)The defendant-appellant John Anthony Kelekolio (Kelekolio) appeals his November 15, 1991 convictions of sexual assault in the second degree and kidnapping. Kelekolio raises a number of substantial points of error on appeal, but only one is outcome dispositive. Because the trial court committed plain error in failing to conduct a competency hearing regarding the complaining witness, and because we are not convinced beyond a reasonable doubt that the error was harmless, we vacate Kelekolio's [...]
Court: Hawaii Supreme Court Docket: 15798
Burnham H. Greeley and Dan T. Kochi, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel) and Roy A. Vitousek, Honolulu (Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for defendants-appellees.
Court: Hawaii Supreme Court Docket: 8159
State v. Gaylord (1995)In these consolidated appeals, the defendant-appellant James Gaylord challenges his convictions of two counts of theft in the first degree and one count of theft in the second degree, as well as the resulting amended sentence a mix of concurrent and consecutive indeterminate terms of imprisonment totalling fifteen years and a tripartite restitution order in the aggregate amount of $122,248.95 imposed on him by the trial court. Although Gaylord, acting pro se on appeal, raises [...]
Court: Hawaii Supreme Court Docket: 15878
State v. Hoey (1994)The defendant-appellant Brett Matthew Hoey appeals his convictions of robbery in the first degree and kidnapping following a jury trial in the Circuit Court of the First Circuit Court, State of Hawai`i. Hoey urges the following points of error on appeal: (1) that the trial court erroneously denied his motion to dismiss the charges against him because his trial was not timely commenced as required by Hawai`i Rules of Penal Procedure (HRPP) 48; (2) that the trial court erroneously admitted a [...]
Court: Hawaii Supreme Court Docket: 17240
The petitioner-appellant Bradford L. Gray appeals the decision and order of the District Court of the First Circuit affirming the administrative revocation of his driver's license under the rubric of the Hawai`i Administrative Revocation of Driver's License Act (HARDLA), Hawai`i Revised Statutes (HRS) ch. 286, part XIV (1993). In accordance with HRS § 286-258 (1993), an Administrative Review Officer, appointed by the respondent-appellee Administrative Director of the Courts [...]
Court: Hawaii Supreme Court Docket: 18401
A complaining witness seeks review of actions taken by the Disciplinary Board of the Hawai`i Supreme Court (Disciplinary Board) and the Office of Disciplinary Counsel (ODC). For the reasons stated below, we consider the request for review as a petition for writ of mandamus and deny the petition.
Court: Hawaii Supreme Court Docket: 22093
This is an appeal by plaintiff-appellant, Ruth O. Hulsman (hereinafter "appellant"), from orders granting summary judgment, entered by the First Circuit Court, in favor of defendants-appellees, State of Hawaii (hereinafter "State"), the Thom Company, Ltd., doing business as King Sporting Goods (hereinafter "Thom Company"), and defendant Hemmeter Development Corporation. Given the record submitted to us along with the applicable law, we affirm the judgment of the circuit court.
Court: Hawaii Supreme Court Docket: 6530
State v. Wheeler (2009)Respondent/Defendant-Appellant Carson Lalepa Wheeler was convicted of Operating a Vehicle Under the Influence of an Intoxicant (OVUII), in violation of Hawai`i Revised Statutes (HRS) § 291E-61(a)(1) and (b)(1)(2007). Prior to the start of trial, Wheeler moved to have the District Court of the First Circuit (district court) dismiss the oral charge, on the grounds that it did not allege all of the material elements of the offense. The district court denied that motion.
Court: Hawaii Supreme Court Docket: 29149
State v. Higa (1995)Defendant-appellant Guyus L. Higa appeals his conviction and sentence for driving under the influence of intoxicating liquor (DUI), in violation of Hawai`i Revised Statutes (HRS) § 291-4 (Supp.1992). On appeal, Higa contends that his conviction should be reversed because: (1) as a first time offender, he was entitled to a jury trial; and (2) the administrative license revocation proceeding barred a subsequent criminal prosecution under the principles of double jeopardy, res judicata, [...]
Court: Hawaii Supreme Court Docket: 17737
Tachibana v. State (1995)In 1987, Petitioner Shigeyuki Tachibana was convicted of Theft in the First Degree. On appeal, the conviction was affirmed by this court. State v. Tachibana, 70 Haw. 658, 796 P.2d 1002 (1988) (mem.). In 1990, Tachibana filed a petition for post-conviction relief pursuant to Rule 40 of the Hawai`i Rules of Penal Procedure (HRPP). After a hearing, the third circuit court entered an order on October 5, 1992, granting Tachibana's petition for post-conviction relief and, on October 12, 1992, filed [...]
Court: Hawaii Supreme Court Docket: 16589
State v. Richie (1998)
Defendant-Appellant Carl Irvin Richie appeals from the judgment convicting him of promoting prostitution in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 712-1203 (1993), and unlawful ownership or operation of business, in violation of HRS § 842-2(2) (1993). For the following reasons, we affirm Richie's conviction of promoting prostitution in the second degree, but we reverse his conviction of unlawful ownership or operation of business.
Court: Hawaii Supreme Court Docket: 19934
This is an appeal and cross-appeal from the special verdict of the jury and the judgment of the circuit court by the defendant-appellant/cross-appellee, Clark Equipment Company (hereinafter, Clark) and the plaintiffs-appellees/cross-appellants, Sosimo B. Tabieros and Mitsuko Wilson (hereinafter, Tabieros and Wilson individually and "the plaintiffs" collectively). These appeals arise out of a lawsuit alleging, inter alia, strict product liability and negligent design following injuries sustained [...]
Court: Hawaii Supreme Court Docket: 17339
This appeal and cross-appeal arise from a complaint filed by the plaintiff-appellant/cross-appellee The Best Place, Inc. (Best Place) against its insurer, the defendant-appellee/cross-appellant Penn America Insurance Company (Penn). The complaint alleged the following two counts: (1) breach of contract; and (2) tortious breach of the implied covenant of good faith and fair dealing (the tort of bad faith). Prior to trial, both parties filed various motions in limine. Arguing that Hawai`i does [...]
Court: Hawaii Supreme Court Docket: 16065
State v. Batson (1992)The defendant-appellant, William Batson (Batson), also known as Amos Cruse II, appeals his second conviction of the murder of his eleven-year-old son, Amos Cruse III (Amos), in violation of HRS § 707-701.5 (1986). The conviction in the present appeal was by way of jury-waived trial. On appeal, Batson urges that portions of two of the trial court's findings of fact were clearly erroneous and that there was insufficient evidence to sustain the judgment of conviction as to second degree [...]
Court: Hawaii Supreme Court Docket: 15509
State v. Okumura (1995)
Following a consolidated jury trial, defendant-appellant Leslie M. Okumura was convicted of two counts of Burglary in the First Degree and one count of Criminal Conspiracy (to commit burglary), and defendant-appellant Rogelio Mata was convicted of one count of Criminal Conspiracy (to commit burglary). Okumura appeals from his convictions and sentence in No. 16365 and Mata appeals from his conviction and sentence in No. 16415.
Court: Hawaii Supreme Court Docket: 16365