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| Alaka'i Na Keiki, Inc. v. Hamamoto, No. 27559,
SUPREME COURT OF HAWAI'I, January 22, 2007, Decided
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Overview: Trial court did not err in ruling that it lacked jurisdiction to hear a contractor's challenge to a department of education administrative decision as the submission of the contractor's written protest, the department's written response, and the contractor's written reply did not constitute a "hearing" within the meaning of Haw. Rev. Stat. ch. 91.
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| In re L-K Children, NO. 27787,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 22, 2007, Decided
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Overview: Family court's orders awarding permanent custody of 2 young children to department of human services (DHS) and Child Protective Act orders denying the parent's motions for reconsideration were affirmed; inter alia, parents continued to pose threatened harm to children due to their extremely serious unresolved substance abuse and domestic violence.
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| In the Interest of P.M., No. 27793,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 23, 2007, Decided
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Overview: Pursuant to Haw Rev. Stat. § 587-73(a) (Supp. 2005), a family court properly awarded the Hawaii Department of Human Services permanent custody of a male child where the evidence showed that the father was an untreated sexual offender, he was incarcerated for sexually abusing minor girls, and he was not able to timely provide a safe family home.
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| State v. Agard, No. 27219,
SUPREME COURT OF HAWAI'I, January 23, 2007, Decided
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Overview: Evidence was sufficient to sustain a reckless driving conviction, Haw. Rev. Stat. § 291-2, because defendant's combined actions of speeding at 80 mph in a 55 mph zone, multiple unsafe lane changes, failure to stop for a police vehicle, cutting off a vehicle, and disregarding a stop sign showed that he disregarded the safety of persons or property.
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| State v. Quel, No. 26769,
SUPREME COURT OF HAWAI'I, January 23, 2007, Decided
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| Livingstone v. Jones, NO. 28132,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2007, Decided
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| State v. Fernandez, No. 27596,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2007, Decided
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Overview: Defendant's first-degree robbery conviction under Haw. Rev. Stat. § 708-840(1)(b)(i), (ii) was affirmed because defendant was not prevented from presenting complete defense due to destruction of evidence he did not show was exculpatory; jury instructions were not inconsistent, erroneous, or misleading; and Prosecutor did not engage in misconduct.
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| State v. Souza, NO. 27599,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2007, Decided
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Overview: Defendant's convictions of violating Haw. Rev. Stat. § 286-138(a) were affirmed because substantial evidence supported jury's finding that defendant intentionally and knowingly fixed two tickets. No instruction on ignorance or mistake-of-fact defenses was needed absent any evidence supporting such defenses, Haw. Rev. Stat. §§ 701-115(2), 702-218.
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