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   State Courts - Hawaii - February 16, 2006

  
In re Estate of Damon, NO. 25216, SUPREME COURT OF HAWAI'I, February 16, 2006, Decided
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Overview: Where testator's will specifically provided that the trust corpus, which was to terminate upon death of last survivor of testator's children or grandchildren living at the time of his death, would be distributed "per stirpes and not per capita," this led to an equal division of the corpus among family lines as between testator's two sons' lines.

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Lewis v. State, NO. 26338, SUPREME COURT OF HAWAI'I, February 16, 2006, Decided
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Overview: State's decision to fence one side of a bridge, but not the other, did not require the evaluation of broad public policy factors and the State was thus not immune from suit under the "discretionary function" exception, Haw. Rev. Stat. § 662-15(1), in plaintiff's negligence action following her fall into a culvert on the unfenced side of the bridge.

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Office of Disciplinary Counsel v. Yoshino, NO. 26781, SUPREME COURT OF HAWAI'I, February 16, 2006, Decided
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State v. Kanekoa, NO. 26783, SUPREME COURT OF HAWAI'I, February 16, 2006, Decided
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Overview: In a terroristic threatening case, a court erred in its jury instruction because the evidence of defendant's threats were words of future intention, not of a "true threat," which carried with it an imminent prospect of execution, and therefore, the necessity of a jury instruction defining a "true threat," Haw. Rev. Stat. § 707-717, applied.

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State v. Kotis, NO. 25380, SUPREME COURT OF HAWAI'I, February 16, 2006, Decided
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