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| Office of Disciplinary Counsel v. Ching, NO. 25697,
SUPREME COURT OF HAWAI'I, June 6, 2006, Decided
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Overview: Disbarment of an attorney was warranted because attorney had misappropriated client, there were no mitigating circumstances, and the attorney had shown a disturbing pattern of recidivism in his professional misconduct, as evidenced by the 5 previous letters of informal admonition issued by the Office of Disciplinary Counsel.
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| State v. Ribbel, NO. 26525,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 6, 2006, Decided
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Overview: Charge of operating motor vehicle on public highway without seat belt was dismissed, where driver's seat belt was buckled, lap portion covered her lap, and shoulder harness portion of seat belt was tucked under her arm and across her torso, thereby restricting driver's movement.
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| Harrison v. Hilton Hawaiian Vill., LLC, NO. 26239,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 7, 2006, Decided
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Overview: Summary judgment in favor of hotel company was improper where there were genuine issues of material fact as to whether a protruding carpet inside a hotel room created an unreasonable risk of harm such that a hotel guest, who was injured in a trip and fall accident, could have avoided it and that the company should have known about it.
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| In the Interest of E.D., NO. 27302,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 7, 2006, Decided
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Overview: An order awarding permanent custody of parents' minor son was upheld where family court did not err in treating prior adjudication that father sexually, physically, and psychologically harmed child as the law of the case. There was also substantial evidence to support the conclusion that mother posed threat of sexual and physical harm to the child.
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| Nihipali v. Apuakehau, No. 26994,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 7, 2006, Decided
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Overview: Denial of motion to extend visitation rights was proper where child's depression did not constitute a material change in circumstances because evidence showed that father was meeting child's needs. Haw. Const. art. XII, § 7 did not grant to native Hawaiian grandparents more visitation rights than those available under Haw. Rev. Stat. § 571-46.3.
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| State v. Randles, NO. 27087,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 7, 2006, Decided
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Overview: There was sufficient evidence to convict defendant of unauthorized control of a propelled vehicle in violation of Haw. Rev. Stat. § 708-836. The owner of a truck reported the truck missing, the owner did not give permission for defendant to drive the truck, and defendant was seen by a witness driving the truck.
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| State v. Russell, NO. 27324,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 7, 2006, Decided
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Overview: A trial court erred in finding that defendant violated the seat belt statute, Haw. Rev. Stat. § 291-11.6(a)(2), by wearing a seat belt with the shoulder harness under her right arm where the statute did not state the manner in which a person had to wear a seat belt; hence, defendant was in compliance with the statute.
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| Kekona v. Abastillas, NO. 24051,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 8, 2006, Decided
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Overview: Where Uniform Fraudulent Transfer Act made fraudulent transfers legally wrong, appellants were properly held liable for damages for conspiring to make fraudulent transfers of two properties before creditors obtained lien.
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| State v. Toler, NO. 27454,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 8, 2006, Decided
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Overview: Order finding that defendant violated Haw. Rev. Stat. § 291C-102 (Supp. 2005) by driving 63 miles per hour in a 45 miles per hour zone was upheld where a transcript of the hearing was not a part of the record on appeal because defendant failed to request it. Hence, the appellate court was unable to determine what evidence was presented in the case.
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| Wood v. Chandler, NOS. 26039 & 26294,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 8, 2006, Decided
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Overview: Circuit court erred in granting appellee additional difficulty-of-care (DOC) payments because there was substantial evidence to support hearings officer's conclusion to the contrary, and appellee's cross-appeal was dismissed where circuit court lacked jurisdiction over her motion for attorney fees and costs as provided in Haw. R. App. P. 4(a)(3).
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