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| United Pub. Workers, Local 646 v. City & County of Honolulu, No. 26347,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 17, 2007, Decided
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Overview: By ordering the City of Honolulu to promote a grievant, who did not have a commercial drivers license, to the position of repairer, an arbitrator exceeded his authority and violated the public policy embodied in Haw. Rev. Stat. § 89-9, which excluded the qualifications for a promotion from the scope of an arbitrators or a courts authority.
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| State v. Auld, No. 27781,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 17, 2007, Decided
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Overview: Trial court erred by failing to give a unanimity instruction to the jury regarding the person(s) threatened and therefore defendant was entitled to a new trial on the terrorist threat conviction because count one charged defendant with having threatened two victims "and/or" the third victim.
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| State v. Duncan, NO. 27767,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 17, 2007, Decided
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Overview: Where defendant swung a machete at victim's legs and twice thrust it at his chest, the conduct was basis for a terrorist threat under Haw. Rev. Stat. § 707-716. Thus, it was not necessary to instruct jury to find whether defendant's remarks to victim were "true threats" or to consider relevant attributes in determining if remark constituted threat.
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| Stomber v. Stomber, NO. 27313,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 17, 2007, Decided
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Overview: Where a family court modified the father's child support obligation based on his current income, appellate jurisdiction was lacking because the family court's order was not final and appealable since it did not determine the amount of the father's current income or the modified amount of child support payable by the father.
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