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   State Courts - Hawaii - February 27 - March 5, 2007

  
Banque De Tahiti v. Kurth, NO. 28312, SUPREME COURT OF HAWAI'I, February 27, 2007, Decided
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State v. Romano, No. 26110, SUPREME COURT OF HAWAI'I, February 27, 2007, Decided
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Overview: Evidence was sufficient to sustain a prostitution conviction, Haw. Rev. Stat. § 712-1200, because defendant agreed to give an undercover officer a "handjob" for $ 20; plainly, the reference to "hand" in the term "handjob" connoted physical contact with genitals, and therefore, defendant agreed to engage in sexual contact with the officer for a fee.

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Jelks v. Haw. Paroling Auth., NO. 28293, SUPREME COURT OF HAWAI'I, February 28, 2007, Decided
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State v. Davalos, No. 27270, SUPREME COURT OF HAWAI'I, February 28, 2007, Decided
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Overview: Trial court erred by refusing to a jury instruction concerning the procuring agent defense. The evidence arguable conflicted as to whether the inmate was acting on behalf of the officer and himself as buyers when he handed the drugs to the officer, or on behalf of the drug dealer as an agent.

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Zane v. Liberty Mut. Fire Ins. Co., NO. 27317, SUPREME COURT OF HAWAI'I, March 1, 2007, Decided
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Fresch v. Estate of Tavares, NO. 28273, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 2, 2007, Decided
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Overview: Even though circuit court order contained certification language of Haw. R. Civ. P. 54(b), the order had to be reduced to a judgment with the Rule 54 language therein. Thus, the appealed orders were dismissed as premature because they were not reduced to a separate judgment appealable under Haw. Rev. Stat. § 641-1 and Haw. R. Civ. P. 54(b), 58.

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Lee v. County of Hawai'i, NO. 28322, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 2, 2007, Decided
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Overview: Plaintiff's appeal of order denying leave to amend was dismissed for lack of jurisdiction because that order was interlocutory and did not contain necessary certification under Haw. R. Civ. P. 54(b) and prior order granting motion to dismiss was not reduced to separate, appealable final judgment under Haw. Rev. Stat. § 641-1 and Haw. R. Civ. P. 58.

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Riethbrock v. Lange, NO. 28289, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 2, 2007, Decided
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Overview: A post-decree order denying a former husband's request to terminate judicial efforts to sell property and to dismiss the remaining property issues in a divorce case was appealable under Haw. Rev. Stat. § 571-54; moreover, the appeal was timely filed within 30 days under Haw. R. App. P. 4(a)(1).

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State v. Thurston, NO. 27813, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 2, 2007, Decided
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Overview: A court's permanent revocation of defendant's driver's license pursuant to Haw. Rev. Stat. § 291E-62(b)(3) was not an illegal sentence because the phrase "permanent revocation" was not vague and ambiguous; the phrase "permanent revocation" was exactly what it stated.

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Taylor v. Winston, NO. 26433, SUPREME COURT OF HAWAI'I, March 5, 2007, Decided
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