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| Cooper v. State, NO. 26225,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 27, 2006, Decided
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Overview: Where petitioner was convicted on a guilty plea to murder in the second degree, the court properly denied his Haw. R. Penal P. 40 petition seeking release from custody. His guilty plea was not involuntary; parole eligibility did not entitle him to withdraw his guilty plea; and counsel's performance did not reflect a lack of skill.
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| Schmidt v. Judges of the Third Circuit Court of Hawai'i, NO. 27678,
SUPREME COURT OF HAWAI'I, January 27, 2006, Decided
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| Sierra Club v. Office of Planning, NO. 26174,
SUPREME COURT OF HAWAI'I, January 27, 2006, Decided
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Overview: Trial court did not err in vacating the land use commission's grant of a land classification as the proposed project requiring reclassification constituted an action that triggered the requirement for an environmental assessment under Haw. Rev. Stat. § 343-5 (1993) because it was a "project to be initiated" by a landowner and a business.
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| State v. Alvarez, NO. 26725,
SUPREME COURT OF HAWAI'I, January 27, 2006, Decided
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| Bednarz v. State, NO. 26578,
SUPREME COURT OF HAWAI'I, January 31, 2006, Decided
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| In re Doe Children, NO. 26112,
SUPREME COURT OF HAWAI'I, January 31, 2006, Decided
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Overview: Where a father did not challenge on appeal the grounds for the divestiture of his parental rights, under Haw. R. App. P. 28(b)(7), the father had no parental rights when the Department of Human Services made its post-trial placement of the father's children with his deceased wife's family.
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| State v. Gaines, NO. 26512,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 31, 2006, Decided
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Overview: Where defendant was charged with violating an order for protection under Haw. Rev. Stat. § 586-11, the State did not withhold a statement made by defendant in violation of Haw. R. Penal P. 16(b)(1)(ii). Defendant was not harmed by the State's closing argument; all improper comments were stricken from the record.
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| State v. Joseph, NO. 27001,
SUPREME COURT OF HAWAI'I, January 31, 2006, Decided
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Overview: Court properly suppressed defendant's statements, Haw. Const. art. I, § 10, because he was in custody, no Miranda warnings were given prior to the pre-interview being conducted, and the pre-interview statements were exploited in that defendant was subsequently questioned on the same matter in order that he would repeat his earlier statement.
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| Tokairin v. Kameda, NO. 24700,
SUPREME COURT OF HAWAI'I, January 31, 2006, Decided
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Overview: In shareholders' derivative suit which resulted in a settlement agreement with the directors, the trial court erred in denying the directors' motion for reconsideration or clarification of the trial court's order as the material terms of the agreement were facially ambiguous, as was the trial court's order regarding enforcement of the agreement.
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