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State Courts -
Hawaii - January 24, 2006
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State v. Machado, NO. 26396,
SUPREME COURT OF HAWAI'I, January 24, 2006, Decided
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Overview: Court erred by admitting a domestic abuse victim's hearsay statement, Haw. R. Evid. 803, where, as related by an officer, the statement was detailed, logical, and coherent, and it was a specific and inclusive rendition of the circumstances leading up to the incident and of the incident itself.
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Waters v. Waters, NO. 26530,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2006, Decided
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Overview: Trial court did not err in denying former husband's motion for relief from a final order based upon newly discovered evidence, fraud, and misrepresentation of the wife, who had prepared their signed handwritten property division agreement because, inter alia, husband failed to meet his burden of proving fraud by clear and convincing evidence.
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