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   State Courts - Hawaii - May 31, 2007

  
Barnett v. State, NO. 27651, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2007, Decided
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Overview: Circuit court properly denied Haw. R. Penal P. 40 petition as petioner's claims had been previously ruled upon or waived pursuant to rule 40(a)(3) and, furthermore, court of appeals held petitioner's claims were patently frivolous and without trace of support either in record or from other evidence submitted by petitioner pursuant to rule 40(f).

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Citizens Against Reckless Dev. v. Zoning Bd. of Appeals, NO. 27264, SUPREME COURT OF HAWAI'I, May 31, 2007, Decided
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Overview: A local planning department director did not abuse his discretion under Haw. Rev. Stat. § 91-8 and the applicable department rules in refusing to issue declaratory rulings on matters involving a conditional use permit application where the zoning board of appeals had considered the application and had properly issued an opinion on the application.

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PUC v. Gomes Sch. Bus Serv., NO. 28416, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2007, Decided
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Silk v. State, NO. 26973, SUPREME COURT OF HAWAI'I, May 31, 2007, Decided
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State v. Espiritu, NO. 27354, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2007, Decided
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Overview: Inter alia, it was proper under Haw. R. Evid. 612 for court to have allowed the victim to have reviewed the police report of the four text messages she received on her cell phone and refresh her recollection of each text message; the writing (police report) used to refresh her memory was not evidence and therefore did not present hearsay issues.

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State v. Mariano, NO. 27303, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2007, Decided
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Overview: Defendant's conviction for terroristic threatening in the second degree under Haw. Rev. Stat. §§ 707-715, 707-717(1) was vacated because his police confession should have been suppressed as it was "fruit of the poisonous tree" under Haw. Const. art. I, § 7, because it was made after an unlawful arrest in defendant's home.

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State v. Miles, NO. 28063, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2007, Decided
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State v. Sun, NO. 27826, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, May 31, 2007, Decided
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Stucky v. Brown, NO. 26463, SUPREME COURT OF HAWAI'I, May 31, 2007, Decided
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