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   State Courts - Hawaii - February 2 - February 8, 2006

  
State v. Kanekoa, NO. 26783, SUPREME COURT OF HAWAI'I, February 2, 2006, Decided
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Fireman's Fund Ins. Co. v. Aig Haw. Ins. Co., NO. 25035, SUPREME COURT OF HAWAI'I, February 3, 2006, Decided
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State v. Keaweehu, NO. 26189, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 3, 2006, Decided
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Overview: In defendant's drug case, dog-sniff evidence was erroneously admitted because, without some evidence showing that the money was not contaminated by the police, the State failed to lay a sufficient foundation for admission under Haw. R. Evid. 702; however, the error was harmless because the money and drugs were recovered from defendant's car.

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State v. Shimabukuro, NO. 26951, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 3, 2006, Decided
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Overview: Where defendant was charged with, inter alia, promoting dangerous drug in third degree in violation of Haw. Rev. Stat. § 712-1243(1), court did not err in granting his motion to suppress; his unlawful detention lead to the discovery of a pipe and residue during pat-down incident to his arrest authorized by warrants discovered during that detention.

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State v. Emerson, NO. 26097, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 6, 2006, Decided
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Overview: Nakata analysis did not unequivocally demonstrate society demanded persons charged with refusing to provide ingress or egress under Haw. Rev. Stat. ch. 852 (1993 and 2004), be afforded the right to a jury trial as the crime was presumptively petty; the maximum punishment was 30 days in jail and a $ 200 fine and there was no such common law offense.

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State v. Nichols, NO. 26870, SUPREME COURT OF HAWAI'I, February 7, 2006, Decided
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State v. Santarone, NO. 26760, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 7, 2006, Decided
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Overview: In review of defendant's conviction for unauthorized control of a propelled vehicle and driving without a license, trial court properly refused to suppress seized evidence, which was a truck and fruits of the truck's search, because defendant did not have a reasonable expectation of privacy in the seized truck.

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State v. Tavares, NO. 25989, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 7, 2006, Decided
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Overview: Trial court erred in suppressing glass pipe with residue that police officer saw on ground next to where defendant was seated after car in which he was riding was stopped and statement relating to the pipe as fruits of an illegal detention; seizure of defendant was lawful and he was not under arrest when he made incriminating statements about pipe.

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State v. Bolosan, NO. 26306, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 8, 2006, Decided
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Overview: In trial for drug offenses, which included possessing methamphetamine, possessing marijuana, and manufacturing methamphetamine, State laid proper foundation for chemist's testimony because foundation could be laid, pursuant to Haw R. Evid. 703, by showing, through policies and procedures, that lab machines were in good working order.

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