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   State Courts - Hawaii - January 2 - January 9, 2007

  
Campbell v. State, NO. 28306, SUPREME COURT OF HAWAI'I, January 2, 2007, Decided
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Livingstone v. Jones, NO. 28132, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 2, 2007, Decided
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Kanekoa v. Kanekoa, NO. 28202, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 3, 2007, Decided
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Overview: Husband's appeal of post-decree order with respect to wife's motion to determine distribution of proceeds from sale of property in divorce proceeding was dismissed for lack of appellate jurisdiction where husband did not file his notice of appeal within 30 days of entry of the entry of the post-decree order, as required by Haw. R. App. P. 4(a)(1).

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State v. Akahi, NO. 27541, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 4, 2007, Decided
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Overview: Defendant's conviction under Haw. Rev. Stat. § 709-906(1) and (4), was reversed as officer did not have probable cause that, in past, defendant had inflicted physical abuse or harm upon family or household member; all officer had was a statement by defendant's girlfriend that, at some time in past, an officer issued 24-hour citation to defendant.

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Blaisdell v. State, NO. 27825, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 5, 2007, Decided
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Overview: A petition to correct an allegedly illegal sentence under Haw. R. Penal P. 40 was properly denied because a circuit court imposed extended sentences for sexual assault based on an inmate's multiple offender status under Haw. Rev. Stat. § 706-662(4)(a) and not on any repeat offender status under Haw. Rev. Stat. § 706-606.5.

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Coulter v. State, NO. 27025, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 5, 2007, Decided
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Overview: An inmate's Haw. R. Penal P. 40 petition was properly denied because there was no abuse of discretion or violation of any constitutional rights in the setting of his minimum terms of imprisonment at 7 years for each of the crimes of negligent homicide in the first degree and having an accident involving death or serious injury.

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Silk v. State, NO. 26973, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 5, 2007, Decided
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Overview: An inmate's Haw. R. Penal P. 40 petition was properly denied in part based on an assertion that there was an error in classifying his offender level or in applying his credit for time served. However, he was entitled to more credit for time served that had been originally calculated.

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Phipps v. Warden, No. 28366, SUPREME COURT OF HAWAI'I, January 7, 2007, Decided
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Holi v. AIG Haw. Ins. Co., No. 26059, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 8, 2007, Decided
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Overview: Court properly denied UIM benefits to the boyfriend of the policy holder's daughter because he was not an "insured" under the policy, Haw. Rev. Stat. § 431:10C-103; although he resided in the policy holder's home and was the father of the policy holder's grandson, he was not a spouse, reciprocal beneficiary, or "relative" of the policy holder.

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Brantley v. State, NO. 26991, SUPREME COURT OF HAWAI'I, January 9, 2007, Decided
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