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   State Courts - Hawaii - March 29 - April 3, 2007

  
In re United Pub. Workers, AFSCME, Local 646, AFL-CIO, NO. 27962, SUPREME COURT OF HAWAI'I, March 29, 2007, Decided
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Lee v. Hwang, No. 26036, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 29, 2007, Decided
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Overview: In an action by landlords against a tenant for negligence after the house was destroyed by fire, the depreciated value of the replacement cost of the destroyed property provided a reasonable measure of the amount necessary to fairly compensate the landlords for the property because the house was over 50 years old and had no functioning bathroom.

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State v. Robertson, No. 27321, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 29, 2007, Decided
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Overview: Evidence was insufficient to sustain a conviction for promoting a dangerous drug in the second degree, Haw. Rev. Stat. § 712-1242, because defendant did not live at the residence, there were multiple adults living at the residence, and there was insufficient evidence that defendant had the power and the intent to exercise control over the drugs.

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State v. Tulia, NO. 26639, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 29, 2007, Decided
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Overview: Defendant's abuse of a family or household member conviction under Haw. Rev. Stat. § 709-906 (Supp. 2003) was affirmed as any error in admitting the victim's statements to the police as excited utterances was harmless in light of the victim's properly admitted written statement and the evidence showed that defendant had not acted in self defense.

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In the Interest of A.G., NO. 27637, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 30, 2007, Decided
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Wailuku Agribusiness Co. v. Ah Sam, No. 25930, SUPREME COURT OF HAWAI'I, March 30, 2007, Decided
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Overview: A lower court erred in granting a company summary judgment on its adverse possession claim to a parcel where there were genuine issues of material fact as to whether a cotenancy existed among the individuals and the company and if a cotenancy existed, whether the company acted in good faith toward its cotenants.

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Gomes v. Gomes, NO. 27551, SUPREME COURT OF HAWAI'I, April 2, 2007, Decided
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In the Interest of S.K., NO. 27939, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 2, 2007, Decided
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Overview: An order awarding permanent custody of a mother's child to the State of Hawaii Department of Human Services (DHS) was upheld where the decision was supported by substantial evidence; the trial court was in the best position to assess the credibility of witnesses and to resolve the questions of fact.

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Tran v. Tran, NO. 27979, SUPREME COURT OF HAWAI'I, April 3, 2007, Decided
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