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   State Courts - Hawaii - April 7 - April 11, 2006

  
Ibara v. State, NO. 27623, SUPREME COURT OF HAWAI'I, April 7, 2006, Decided
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Office of Disciplinary Counsel v. Tomasa, NO. 27792, SUPREME COURT OF HAWAI'I, April 7, 2006, Decided
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Overview: In considering amended petition for suspension, supreme court granted amended order suspending attorney from practice of law for one year and one day. It considered aggravators under Haw. Prof. Conduct R. 8.4 and the following mitigators: (1) attorney's emotional and personal problems; (2) attorney's cooperation; and (3) attorney's remorse.

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Springer v. Springer, NO. 26758, SUPREME COURT OF HAWAI'I, April 7, 2006, Decided
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State v. Hebert, NO. 25754, SUPREME COURT OF HAWAI'I, April 7, 2006, Decided
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State v. Mikasa, NO. 25776, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 7, 2006, Decided , April 7, 2006, Filed
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Overview: In a drug case, a court did not err in its sentencing considerations where the presentence diagnosis and report set out details about the crimes that strongly suggested defendant's involvement in large-scale drug distribution, and defendant's own letter to the court described himself as an "errand boy" in a drug dealing enterprise.

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State v. Tavares, No. 25989, SUPREME COURT OF HAWAI'I, April 7, 2006, Decided
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Overview: Where defendant was a passenger in a vehicle that was pulled over by the police, he was entitled to Miranda warnings before the police questioned him; the trial court properly suppressed his statement about a glass pipe containing methamphetamine. The Fourth Amendment did not permit him to suppress evidence of the glass pipe found in plain view.

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Lee v. Transamerica Occidental Life Ins. Co., NO. 25892, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 10, 2006, Decided
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State v. Elicker, NO. 26354, SUPREME COURT OF HAWAI'I, April 10, 2006, Decided
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State v. Richardson, NO. 26173, SUPREME COURT OF HAWAI'I, April 11, 2006, Decided
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Tokashiki v. Freitas, NO. 26635, SUPREME COURT OF HAWAI'I, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: Court erred in granting summary judgment in favor of county and police chief in a wrongful termination suit brought by secretary to chief and police commission under Whistleblowers' Protection Act (HWPA), Haw. Rev. Stat. § 378-62; a genuine issue of material fact existed whether secretary was reassigned and terminated due to her protected activity.

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