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   State Courts - Hawaii - February 9 - February 14, 2006

  
State v. Balcher, NO. 27434, SUPREME COURT OF HAWAI'I, February 9, 2006, Decided
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State v. Bezerra, NO. 26211, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 9, 2006, Decided
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Overview: In a criminal appeal, the court found the evidence sufficient to support defendant's conviction for non-obedience to a police officer's direction, a violation of Haw. Rev. Stat. § 291C-23. She was driving down the highway when she failed to comply with an officer's order to stop her vehicle.

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State v. Carineo, NO. 26720, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 9, 2006, Decided
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State v. Takemoto, NO. 26807, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 10, 2006, Decided
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Overview: Defendant's conviction for abuse of family or household member, in violation of Haw. Rev. Stat. § 709-906, was upheld because she failed to prove that her use of force against her husband, in form of biting and scratching, was justified pursuant to § 703-304(1); evidence provided by State disproved any type of self-defense beyond reasonable doubt.

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State v. Yoo, NO. 26567, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 13, 2006, Decided
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Overview: In defendant's second degree assault case, a court's jury instructions were not plainly erroneous, under Haw. R. Penal P. 52, where the court told the jury that the offense could be proven in either of two ways, it reminded the jury that any verdict must be unanimous, and the court polled the jury and confirmed that the verdict was unanimous.

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State v. Kido, NO. 26358, SUPREME COURT OF HAWAI'I, February 14, 2006, Decided
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Overview: Defendant was entitled by a Haw. R. Penal P. 35 motion to correct sentence, or by Haw. R. Penal P. 40 petition to move for correction of an enhanced sentence, when he successfully attacked a prior conviction on which the sentence was based as that conviction no longer constituted a proper basis for increased punishment for a subsequent offense.

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State v. Legaspi, NO. 26674, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 14, 2006, Decided
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