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   State Courts - Hawaii - February 6 - February 7, 2007

  
Jiang v. Kapiolani Med. Ctr. for Women & Children, NO. 28269, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 6, 2007, Decided
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Overview: In plaintiffs' lawsuit against multiple defendants, the circuit court granted the doctor's motion for summary judgment. The circuit court had not yet reduced its dispositive orders to a separate judgment, as required by Haw. R. Civ. P. 58. Absent an appealable final judgment, plaintiffs' appeal was premature.

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Kearney v. Admin. Dir. of the Courts, NO. 26919, SUPREME COURT OF HAWAI'I, February 6, 2007, Decided
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Overview: Trial court did not err in affirming the administrative director of the courts' revocation of a driver's license under Haw. Rev. Stat. § 291E-40 as the driver failed to request a hearing on the identification procedure; thus, his argument that he was denied a hearing was unsupported by the record: he made no such request, and no denial was issued.

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Kearney v. Admin. Dir. of the Courts, NO. 26919, SUPREME COURT OF HAWAI'I, February 6, 2007, Decided
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Overview: In driver's appeal from revocation of his driver's license, district court did not err in affirming revocation because driver failed to request a public hearing, and driver's argument that he was denied a public hearing was supported by the record. Further, pursuant to Haw. Rev. Stat. § 291E-40, the district court could not remand matter to agency.

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Thomas v. Takabayashi, NO. 27553, SUPREME COURT OF HAWAI'I, February 6, 2007, Decided
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Hutch v. Paderes, NO. 26536, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 7, 2007, Decided
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Overview: A circuit court properly entered judgment in favor of the prison officials where, inter alia, the prisoner had not complied with Haw. Rev. Stat. § 671-12(a), had not properly served two doctors, and failed to set forth facts supporting the claim that repealed Haw. Admin. R. 17-202-1(b) hindered his efforts to pursue his medical tort claims.

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State v. Raymond, No. 27289, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 7, 2007, Decided
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Overview: An attempted theft in the second degree conviction was affirmed as the trial court had properly answered the jury's questions as to unanimity and the meaning of intent, any error in the instruction as to the element of value was harmless, and the victim's testimony was sufficient to establish that defendant knew a watch's value and had stolen it.

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State v. Won Ho Ke, NO. 26495, SUPREME COURT OF HAWAI'I, February 7, 2007, Decided
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Overview: Trial court properly dismissed the indictment when the prosecuting attorney failed to appear at a pretrial hearing; further, the prosecution's failure to timely refile its complaint after the dismissal, as it could have pursuant to Haw. Rev. Stat. § 701-108(6)(b), foreclosed its ability to prosecute defendant, not the dismissal without prejudice.

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Tour2000 Co., LTC. v. Koreana Tour Serv., Inc., NO. 28209, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 7, 2007, Decided
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