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| In the Interest of B Children: C.A.-A.B., NO. 27936,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 13, 2007, Decided
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Overview: A father's appeal of a family court's decision awarding the Hawaii Department of Human Services foster custody of five children was moot where the findings of fact and conclusions of law limiting the parents' visitation were vacated and thus, the case did not have substantial collateral consequences on the father.
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| In the Interest of K Children: D.K., NO. 27514, NO. 27515,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 13, 2007, Decided
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Overview: Although Haw. Rev. Stat. § 587-34(a) could have been interpreted to mean that a GAL was counsel, the language of § 587-34(e) clearly indicated the opposite because of the use of the language "a guardian ad litem or counsel appointed pursuant" to the section.
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| Jou v. Schmidt, NO. 27880, 27881, 27882,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 13, 2007, Decided
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Overview: A circuit court had properly dismissed a physician's appeal of an insurance commissioner's order granting the insurer summary judgment on the physician's claim for no-fault benefits where he admitted that he had not sought administrative review within 60 days as required by Haw Rev. Stat. § 431:10C-212(a).
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| State v. Awana, NO. 27145,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 13, 2007, Decided
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Overview: As to defendant's conviction for commercial possession, the prosecution proved an aggregate weight of 25 pounds or more, in violation of Haw. Rev. Stat. § 712-1249.4, by testimony establishing that a proper chain of custody was maintained, that the seized marijuana was weighed, and by a criminalist testifying that the weight was 27.05 pounds.
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| State v. Holau, NO. 27794,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 13, 2007, Decided
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Overview: A trial court did not abuse its discretion with respect to the victim's statements implying that defendant hit her on a regular basis where he failed to object to one statement at the time it was made, the trial court had issued a cautionary instruction to disregard the statements, and the jury was presumed to have followed the instruction.
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| State v. Tampon, NO. 26912,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 13, 2007, Decided
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Overview: Defendant's convictions for first-degree burglary and second-degree robbery were affirmed where the trial court had informed of his right not to testify, instructed the jury to separately consider the counts in the consolidated cases, given the jury a definition of theft, and properly sentenced him in conformance with Sixth Amendment case law.
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