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| Hafoka v. State, NO. 26752,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 22, 2007, Decided
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Overview: The circuit court did not err by denying defendant's Haw. R. Penal P. 40 petition without a hearing and defendant's claim that appellate counsel failed to raise issues surrounding his trial counsel's ineffectiveness was frivolous and without evidentiary support. Defendant's brief failed to comply with Haw. R. App. P. 28(b)(4) and (7).
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| Jackson v. State, NO. 27499,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 22, 2007, Decided
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Overview: The order denying the petition to vacate and set aside judgment under Haw R. Penal P. 40 was proper because the circuit court's order contained findings of fact and conclusions of law and because the petitioner's points on appeal failed to comply with Haw. R. App. R. 28(b)(4)(C) by quoting the finding or conclusion urged as error.
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| Jou v. Schmidt, NO. 26541,
SUPREME COURT OF HAWAI'I, June 22, 2007, Decided
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Overview: Trial court did not err in granting insurance company's motion and dismissing appellant's agency appeal under Haw. R. Civ. P. 41(b) because, inter alia, there was no proof appellant effected service of his notice of appeal, designation of record, or order for certification and transmission of record as required by Haw. R. Civ. P. 72(d)(1) and 4(g).
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| Jou v. Schmidt, NO. 26540,
SUPREME COURT OF HAWAI'I, June 22, 2007, Decided
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Overview: Under Haw. R. Civ. P. 41(b), circuit court did not err by granting insurer's motion to dismiss as doctor failed to cause record on appeal to be transmitted to circuit court. Under Haw. R. Civ. P. 72(d)(1), doctor did not make due return of service to the clerk of the circuit court and notice of appeal did not comply with Haw. R. Civ. P. 4 and 5.
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| Kuamoo v. State, NO. 26370,
SUPREME COURT OF HAWAI'I, June 22, 2007, Decided
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| Ranches v. City & County of Honolulu, NO. 27846,
SUPREME COURT OF HAWAI'I, June 22, 2007, Decided
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| State v. Marshall, NO. 27694,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 22, 2007, Decided
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Overview: A court properly admitted the sworn statements of an Intoxilyzer supervisor into evidence without calling her to testify or showing that she was unavailable because, rather than being a "testimonial" statement under the Sixth Amendment, the exhibit was merely a record of a routine, nonadversarial matter made in a nonadversarial setting.
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