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State Courts -
Hawaii - April 12 - April 13, 2006
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Aluminum Shake Roofing, Inc. v. Hirayasu, No. 25011,
SUPREME COURT OF HAWAI'I, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Roofing company did not solicit the homeowners under the meaning of Haw. Rev. Stat. ch. 481C where, inter alia, the homeowners approached the company and requested a home visit to discuss a copper roof, the homeowners contacted the company again and visited its warehouse, and the company's president visited home several times to discuss project.
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In the Interest of W.B., NO. 27072,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Trial court did not err in terminating a father's parental rights; under Haw. Rev. Stat. § 587-73 father's "polysubstance dependence" and selling of drugs proved his inability to provide child with a safe home, father had no insight into his substance abuse problem, and father's prognosis for addressing his substance abuse issues was fair to poor.
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State v. Kiakona, NO. 27224,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: In a terroristic threatening case, a court did not plainly err, under Haw. R. Penal P. 52, by failing to instruct the jury to disregard the prosecutor's argument because his references to "turf," "locals," and "haole tourists" crystallized the motive behind defendant's criminal intent--his resentment of Caucasian tourists.
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In the Interest of K-F Children, NO. 27017,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 13, 2006, Decided , April 13, 2006, Filed
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Overview: Family court did not err in terminating mother's parental rights for, inter alia, not participating in Haw. Rev. Stat. § 587-73(a)(1) and (2) service plan; she suffered from polysubstance dependency, failed to complete outpatient drug treatment program, and further admitted at trial to being a drug addict and last using drugs 5 days before trial.
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