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| Kilarr v. Gordon, NO. 28270,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 12, 2007, Decided
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Overview: In multi-party litigation, the trial court dismissed certain claims pursuant to stipulations that were not signed by all parties. The dismissal orders entered pursuant to Haw. R. Civ. P. 41(a)(2) did not contain operative language to dispose of all claims; hence, the dismissal orders were not appealable, final judgments under Haw. R. Civ. P. 58.
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| Kilarr v. Gordon, NO. 28273,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 12, 2007, Decided
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Overview: Although a circuit court certified its finding of facts, conclusions of law, and order for appeal under Haw. R. Civ. P. 54(b), the circuit court failed to reduce the order to a separate judgment as required by Haw. Rev. Stat. § 641-1(a) (Supp. 2006) and Haw. R. Civ. P. 54(b) and 58. Thus, the court lacked jurisdiction and dismissed the appeal.
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| State v. Peralta, NO. 26659,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 12, 2007, Decided
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Overview: Evidence was sufficient to have convicted defendant of abuse of his live-in girlfriend under former Haw. Rev. Stat. § 709-906; inter alia, day after alleged incident, victim provided written statement in which she alleged defendant had punched her in head with closed fist, hit her head with metal curtain rod, and kicked her while she was on ground.
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| Juan v. Shiroma, NO. 27512,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 13, 2007, Decided
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Overview: Court did not abuse its discretion by denying plaintiff's motions for mistrial and new trial based on alleged improper contact between defendant and juror during recess as alleged misconduct was not so serious as to have denied right to fair trial; juror initiated a brief greeting and conversation with defendant before being excused from service.
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| Brandt v. State, NO. 28286,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 14, 2007, Decided
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Overview: Appeal filed by employer challenging order of Labor and Industrial Relations Appeals Board (LIRAB) denying its motion for stay of decision was dismissed because LIRAB had not yet issued a final decision, so court lacked appellate jurisdiction under Haw. Rev. Stat. § 386-88 (Supp. 2006) and Haw. Rev. Stat. § 91-14(a) (1993 and Supp. 2006)
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| In the Interest of P-K Children, NO. 28100,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 14, 2007, Decided
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| State v. Amondson, NO. 27570,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 14, 2007, Decided
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Overview: Defendant's conviction for reckless driving, a violation of Haw. Rev. Stat. § 291-2 (Supp. 2006), was affirmed because district court did not err in admitting speed reading from laser gun as State presented adequate foundation that officer tested laser gun in accordance with accepted procedures and was qualified to operate laser gun.
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| State v. MacArthur, NO. 27706,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 14, 2007, Decided
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Overview: Defendant's convictions for DUI and reckless driving were affirmed because substantial evidence supported the charges, but defendant's inattention to driving conviction was reversed because district court failed the test for applying Haw. Rev. Stat. § 701-109(1)(e) (1993) to reckless driving and inattention to driving counts.
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| State v. Okada, NO. 27774,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 14, 2007, Decided
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Overview: Where defendant was arrested for DUI, was read a DUI implied consent form and a zero tolerance implied consent form, and chose to take a breath alcohol test, suppression of the test was not warranted, because he was accurately informed of his statutory right to consent or refuse and the consequences under Haw. Rev. Stat. ch. 291E.
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