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| Deparini v. State, NO. 28414,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 17, 2007, Decided
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Overview: When a judgment resolved appellant's claim against only two appellees and the judgment contained no express finding of no just reason for the delay in the entry of judgment, appellate court lacked jurisdiction, as the judgment did not meet the final judgment requirements under Haw. Rev. Stat. § 641-1(a) (Supp. 2006) or Haw. R. Civ. P. 54(b) and 58.
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| M.K. Kipaipai Holdings v. Cheungson, NO. 28284,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 17, 2007, Decided
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| State v. Kahle, NO. 28027,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 17, 2007, Decided
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Overview: Defendant failed to establish ineffective assistance of counsel warranting reversal of a conviction for operating a vehicle under the influence because he did not provide a sworn statement or affidavit from his doctor regarding the testimony his doctor would have given about health conditions affecting defendant's performance on a sobriety test.
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| Wells Fargo Home Mortg., Inc. v. De Rego, NO. 26634,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 17, 2007, Decided
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Overview: Because debtors failed to file a supersedeas bond as required by Haw. R. Civ. P. 62(d), a creditor was permitted to proceed with the sale of the debtor's home to a buyer, and the sale could not be undone. Thus, the buyer was entitled to partial summary judgment on the issue of the sale in the foreclosure action.
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| State v. Deryke, NO. 27259,
SUPREME COURT OF HAWAI'I, May 18, 2007, Decided
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| State v. Park, NO. 27153,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 18, 2007, Decided
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Overview: During defendant's trial for sexual assault, the trial court erred in unduly restricting defendant's ability to elicit evidence of the complaining witness's past sexual behavior with him. Such evidence was admissible under Haw. R. Evid. 412(b)(2)(B) and was relevant to the defense that the complaining witness consented to the charged sexual acts.
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| United Public Workers, AFSCME, Local 646, AFL-CIO v. Shimizu, NO. 26568,
SUPREME COURT OF HAWAI'I, May 18, 2007, Decided
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Overview: In a suit to enforce respondents' employment obligations to union, the union's appeal of an order denying its motion for contempt sanctions against respondents was dismissed as moot where court had granted a stay from enforcement of trial court's compliance order same day as trial court filed its order denying union's motion for contempt sanctions.
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| Ellis v. Ellis, NO. 27589,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 21, 2007, Decided
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Overview: Family court did not err in holding that father's residual rights included right to keep child out of preschool to preserve visitation time because Haw. Rev. Stat. § 571-46 (2006 Repl.) and Haw. Rev. Stat. § 571-2 (2006 Repl.) did not give custodial parent unfettered right to unilaterally interfere with noncustodial parent's rights to visitation.
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| State v. Soma, NO. 27634,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 21, 2007, Decided
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Overview: Defendant's conviction for terroristic threatening in the first degree, in violation of Haw. Rev. Stat. § 707-716(1)(d) (1993) was affirmed because defendant was not denied a fair trial when the State used a meat cleaver during its opening statement before the cleaver was admitted into evidence and sufficient evidence supported the conviction.
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