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   State Courts - Hawaii - April 18 - April 19, 2007

  
Cho v. State, NO. 27458, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 18, 2007, Decided
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Overview: Where the Circuit Court awarded costs to the State after finding in its favor in plaintiffs' tort action, the decision was vacated and the Circuit Court directed to itemize each cost and cite the relevant statute, rule, or precedent supporting the award because the record was insufficient for the court to determine the validity of the award.

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State v. Cambra, NO. 26746, SUPREME COURT OF HAWAI'I, April 18, 2007, Decided
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Overview: Insufficient evidence existed to support defendant's conviction of attempted promoting a dangerous drug, in violation of Haw. Rev. Stat. § 712-1241(1)(b), since it was error to admit a criminologist's testimony as to the weight of the substance recovered from defendant as she lacked personal knowledge that her weight set was accurately calibrated.

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State v. Dennehy, NO. 26901, SUPREME COURT OF HAWAI'I, April 18, 2007, Decided
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Overview: Evidence was sufficient to support defendant's conviction of violating Haw. Rev. Stat. § 709-906 where it was shown that defendant and his wife got into an argument during the early morning hours, and when the wife wanted to go to sleep, defendant punched her in the back of the head and pushed her down the stairs, and choked her.

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State v. Fetelee, NO. 27482, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 18, 2007, Decided
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Overview: Trial court properly admitted evidence of the prior incident at a woman's apartment as part of the res gestae of the charged offenses because the incident in the apartment, defendant's exchange with another woman, and the unprovoked assault on two victims were reasonably contemporaneous with one another.

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State v. Kahalehau, NO. 27591, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 18, 2007, Decided
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Overview: The judgment of a family court was affirmed since it did not err: (1) in denying defendant a motion for judgment of acquittal as to his violation of Haw. Rev. Stat. § 709-907(7) (2005); (2) by denying defendant's jury instruction request; and (3) in finding that defendant was not as owner under Haw. Rev. Stat. § 708-823(1) (1993).

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Tsuji v. Tsuji, NO. 27765, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 18, 2007, Decided
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Overview: Family court had jurisdiction to confirm a sale of a marital home because (1) the family court was not required to recite that it retained jurisdiction, (2) Haw. Rev. Stat. § 580-56(d)'s time limit was inapplicable where a divorce decree finally divided parties' property, and (3) the family court could not limit its jurisdiction to enforce orders.

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Caires v. State, NO. 26985, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 19, 2007, Decided
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Overview: Circuit court properly denied petitioner's Haw. R. Penal P. 40 petition for post-conviction relief in which he challenged conviction for sexual assault and promoting pornography for minors. There was no abuse of discretion in circuit court's determination that petitioner received effective assistance of counsel prior to entering plea of no contest.

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State v. Abbott, NO. 26751, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 19, 2007, Decided
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State v. Ball, NO. 27843, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 19, 2007, Decided
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Overview: Where the district court determined that defendant committed the offense of exceeding the speed limit by sixteen miles per hour in violation of Haw. Rev. Stat. § 291C-102, her conviction was supported by substantial evidence. There was no evidence of prosecutorial misconduct or that the district court judge was biased.

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Wailuku Agribusiness Co. v. Ah Sam, No. 25930, SUPREME COURT OF HAWAI'I, April 19, 2007, Decided
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