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   State Courts - Hawaii - May 23 - May 24, 2006

  
Bugado v. State, NO. 26723, SUPREME COURT OF HAWAI'I, May 23, 2006, Decided
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Overview: In request for postconviction relief, pursuant to Haw. R. Penal P. 40, trial court properly denied petition because evidence petitioner alleged State should have disclosed dated to 1995, and it was irrelevant to petitioner's convictions for offenses arising in 2000; Haw. Rev. Stat. § 701-109 did not apply because actions were not continuous.

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Chee v. State, NO. 27576, SUPREME COURT OF HAWAI'I, May 23, 2006, Decided
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Elizares v. State, NO. 26923, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 23, 2006, Decided
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Overview: Circuit court properly denied defendant's Haw. R. Penal P. 40 petition for postconviction relief because he waived various claims under R. 40(a)(3) by not raising them in prior appeal, and other claims were not colorable, so circuit court did not err by failing to grant defendant a hearing on them under R. 40(f).

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Gomez v. Am. Airlines, NO. 26914, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 23, 2006, Decided
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Overview: Summary judgment was properly granted where passenger's claim for compensation for accidental injury was barred by two-year personal injury statute of limitations, Haw. Rev. Stat. § 657-7.

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Haw. Providers Network, Inc. v. AIG Haw. Ins. Co., NO. 27345, SUPREME COURT OF HAWAI'I, May 23, 2006, Decided
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Overview: In a case in which an assignee alleged that insurers improperly made reduced payments for personal injury protection services, a previous judgment entered in favor of the insurers constituted a final judgment. All rights and liabilities and all claims of all parties had been terminated.

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State v. Perez, NO. 26270, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 23, 2006, Decided
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Overview: Defendant was properly convicted of first degree burglary, a violation of Haw. Rev. Stat. § 708-810(1)(c), because there was substantial circumstantial evidence that defendant had intent to commit crime against person or property rights when he entered neighbor's apartment and jury was entitled to reject testimony that he lacked requisite intent.

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Bereday v. Keehi Mem. Org., NO. 27672, SUPREME COURT OF HAWAI'I, May 24, 2006, Decided
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Hunt v. State, NO. 27014, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 24, 2006, Decided
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Overview: Trial court properly denied petitioner's Haw. R. Penal P. 40 petition for postconviction relief where he failed to show that there were specific errors or omissions reflecting counsel's lack of skill, judgment, or diligence, and that such errors or omissions resulted in either withdrawal or substantial impairment of potentially meritorious defense.

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Peca v. Riedl, NO. 26172, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 24, 2006, Decided
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Winterborne v. State, NO. 27040, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 24, 2006, Decided
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Overview: An order denying petitioner's second Haw. R. Penal P. 40 motion for postconviction relief was upheld where petitioner waived the issue of whether he entered his guilty plea knowingly and voluntarily when he failed to raise the issue in his first postconviction motion and in his appeal of its denial.

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