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   State Courts - Hawaii - May 31 - June 5, 2006

  
Mizukami v. Mizukami, 26890, 26927, 26958, 26986, and, 27157, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2006, Decided
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Overview: On appeal of various orders in divorce, appellate court held the husband did not have a right to be paid for his personal time and effort and, as far as his costs and out-of-pocket expenses were concerned, it appeared that he would not have incurred any expenses had he agreed to stipulate to the withdrawal of the wife's motion for protective order.

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Schmidt v. Pac. Benefit Servs., NO. 25755, SUPREME COURT OF HAWAI'I, May 31, 2006, Decided
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Overview: Order confirming an arbitration award was affirmed where the appellate court lacked jurisdiction to review it because a motion to vacate was untimely. Lack of an acknowledgment did not affect the validity of the award and did not affect the 10-day period, set forth in Haw. Rev. Stat. § 658-11, during which a motion to vacate should have been filed.

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State ex rel. Knapp v. AES Corp., NO. 26151, SUPREME COURT OF HAWAI'I, May 31, 2006, Decided
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Overview: Trial court did not err in dismissing consumer's unfair and deceptive trade practice claims under Haw. Rev. Stat. § 480-2 against electric companies where her policy and continuing violation arguments were deemed waived and she did not present argument as to why her claims were not barred by statute of limitations in Haw. Rev. Stat. § 480-24(a).

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State v. Kauhi, No. 26943, SUPREME COURT OF HAWAI'I, May 31, 2006, Decided
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Overview: Trial court did not err by admitting into evidence defendant's statement to a police officer at the crime scene that she had shot victim because the statement was not made during a custodial interrogation, as officers where unaware of how or why defendant had shot victim and therefore Miranda warnings were not required under the Fifth Amendment.

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State v. Williams, NO. 27107, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2006, Decided
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Overview: Where defendant grabbed a knife during an argument and waved it at the victim, defendant's conduct made the victim fearful that she would be stabbed. The evidence was sufficient to support defendant's conviction of terroristic threatening in the first degree, Haw. Rev. Stat. § 707-716(1)(d).

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Dubois v. Ass'n of Apt. Owners of 2987 Kalakaua, NO. 26129, SUPREME COURT OF HAWAI'I, June 1, 2006, Decided
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Samonte v. State, NO. 27483, SUPREME COURT OF HAWAI'I, June 1, 2006, Decided
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Nash-Givens v. Kaiser Hosp. Found., NO. 27077, SUPREME COURT OF HAWAI'I, June 5, 2006, Decided
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State v. Mikasa, NO. 25776, NO. 25777, NO. 25778, SUPREME COURT OF HAWAI'I, June 5, 2006, Decided
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Overview: In petitioner's drug case, consecutive sentences were properly imposed, Haw. Rev. Stat. § 706-606, because, although the court made a post-sentencing reference to an uncharged "conspiracy," there were many circumstances supporting the sentence including petitioner's continued drug offenses, his "dealing" of drugs, and the impact of his conduct.

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