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   State Courts - Hawaii - March 10 - March 14, 2006

  
State v. Ahuna, NO. 26373, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 10, 2006, Decided
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Overview: In a prosecution of defendant on drug charges, the circuit court did not err in excluding two three-month delays caused by police officer vacations pursuant to Haw. R. Penal P. 48(c)(4)(i), nor did it err in excluding continuances granted to codefendant's counsel for purposes of military duty pursuant to Rule 48(c)(7).

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State v. Lanosa, NO. 25633, SUPREME COURT OF HAWAI'I, March 10, 2006, Decided
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Overview: Circuit court's decision to sentence defendant to a mandatory minimum term as a "multiple offender," under Haw. Rev. Stat. § 706-662(4), was based upon his simultaneous and multiple convictions by the jury. Accordingly, the circuit court did not violate defendant's Sixth Amendment rights.

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State v. White, NO. 27201, SUPREME COURT OF HAWAI'I, March 10, 2006, Decided
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Overview: Order sentencing defendant to an extended 10-year indeterminate maximum term of imprisonment, pursuant to Haw. Rev. Stat. § 706.662(4)(a), subject to a mandatory minimum term of imprisonment of one year and eight months, pursuant to § 706-606.5(1)(a)(iv), was upheld where Hawaii's sentencing system resembled system that was not at issue in Blakely.

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Choi v. Windward Boats, Inc., NO. 25953, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 13, 2006, Decided
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Overview: Court's grant of boat dealer's motion for summary judgment was correct; declaration by purchasers about alleged defects in boat they bought from dealer, which they submitted in response to dealer's motion, did not, inter alia, demonstrate affirmatively affiant was competent to testify to matters stated therein, as required by Haw. R. Civ. P. 56(e).

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State v. Anzai, No. 27258, SUPREME COURT OF HAWAI'I, March 13, 2006, Decided
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Overview: Evidence supported defendant's theft conviction because register receipts were prima facie evidence of value under Haw. Rev. Stat. § 708-830(8); also, defendant did not qualify as repeat offender because initial sentencing date for prior felony conviction was used in figuring 10-year period under Haw. Rev. Stat. § 706-606.5, not resentencing date.

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State v. Batalona, No. 26384, SUPREME COURT OF HAWAI'I, March 13, 2006, Decided
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State v. Gaines, NO. 26512, SUPREME COURT OF HAWAI'I, March 13, 2006, Decided
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In re Guardianship of the Property of Jenkins, NO. 27624, SUPREME COURT OF HAWAI'I, March 14, 2006, Decided
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Kienker v. Bauer, NO. 25856, SUPREME COURT OF HAWAI'I, March 14, 2006, Decided
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Overview: Haw. Rev. Stat. § 663-10.5, which abolished joint and several liability for government entities, did not supersede or impliedly repeal Haw. Rev. Stat. § 663-10.9(4), which allowed for recovery of noneconomic damages in motor vehicle accidents involving the maintenance and design of highways, or Haw. Rev. Stat. § 663.10.9(1).

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Lau v. Lopez, NO. 24000, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 14, 2006, Decided
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Overview: In a foreclosure action, summary judgment was properly granted to a seller, despite the fact that the issue of fraudulent concealment was raised, because no disclosure statement was required under Haw. Rev. Stat. § 508D-10 (Supp. 1996) (repealed 2001), and the purchaser received a home inspection report showing water collection.

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