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   State Courts - Hawaii - March 28 - March 29, 2006

  
Office of Disciplinary Counsel v. Brown, NO. 27685, SUPREME COURT OF HAWAI'I, March 28, 2006, Decided
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State v. Sale, No. 26293, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 28, 2006, Decided
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Overview: In a stolen vehicle case, the court properly prohibited defendant from calling a witness in order to have him assert his Fifth Amendment privilege because the jury might have inferred that the witness was responsible for stealing the car and thus concealed the car's stolen status, and the State could not have cross-examined the witness.

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State v. Smith, NO. 26829, SUPREME COURT OF HAWAI'I, March 28, 2006, Decided
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Overview: Inter alia, during defendant's trial for Haw. Rev. Stat. § 707-701.5 second degree murder, court did not abuse its discretion by permitting testimony about defendant's statement, "Do you want me to drop that baby over the balcony," which was uttered 7 weeks before baby's death as court provided limiting instructions to jury on several occasions.

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State v. Yoo, NO. 26567, SUPREME COURT OF HAWAI'I, March 28, 2006, Decided
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Clay v. McKenna, NO. 27777, SUPREME COURT OF HAWAI'I, March 29, 2006, Decided
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In re Ellen K. & William T. Robinson Trust, NO. 26786, SUPREME COURT OF HAWAI'I, March 29, 2006, Decided
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Overview: Court properly held that upon termination of a trust, trustee was to distribute trust estate equally among settlors' grandchildren per capita because had settlors intended grandchildren to take corpus per stirpes, they would have used similar language as in income distribution provision; settlors clearly knew how to effect per stirpes distribution.

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Kahooilihala v. Hifo, NO. 27834, SUPREME COURT OF HAWAI'I, March 29, 2006, Decided
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State v. Kaahanui, NO. 26390, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 29, 2006, Decided
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Overview: Because there was no reasonable possibility that any error in a trial court's permissive-inference-of-knowledge instruction, proposed by defendant, might have contributed to defendant's conviction of theft in the second degree, in violation of Haw. Rev. Stat. §§ 708-830(8) (Supp. 2005) and 708-831(1)(b) (1993), her conviction was affirmed.

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State v. Richardson, NO. 26173, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, March 29, 2006 , Decided
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State v. Town, NO. 27730, SUPREME COURT OF HAWAI'I, March 29, 2006, Decided
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