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   State Courts - Hawaii - June 27 - July 2, 2007

  
In the Interest of Doe, NO. 25416, SUPREME COURT OF HAWAI'I, June 27, 2007, Decided
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Vestin Mortgage, Inc. v. McKenna, NO. 28321, SUPREME COURT OF HAWAI'I, June 27, 2007, Decided
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Hawaiian Airlines, Inc. v. Paradise Skycap Servs., NO. 28470, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 28, 2007, Decided
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Overview: An appeal of an order denying a company's motion for judgment on the pleadings was dismissed for lack of jurisdiction where the circuit court did not expressly conclude that an interlocutory appeal was advisable for the speedy termination of the litigation before it, as Haw. Rev. Stat. § 641-1(b) (1993 & Supp. 2006) required.

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Mathias v. State, NO. 27020, SUPREME COURT OF HAWAI'I, June 28, 2007, Decided
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State v. Silao, NO. 27044, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 28, 2007, Decided
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Overview: Family court did not err in failing sua sponte to give curative instruction and strike testimony of a police officer who inadvertently referred to the husband as the victim in case for abuse of a family member because defendant's substantial rights were not affected under Haw. R. Penal P. 52(b) given the instruction on the presumption of innocence.

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State v. Lalahi, NO. 27114, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 29, 2007, Decided
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Overview: Defendant's conviction for abuse of a family or household member was upheld where the family court did not abuse its discretion in permitting the State to question the complaining witness (CW) about statements she made in her written statement to the police. Material aspects of the CW's trial testimony were inconsistent with her written statement.

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State v. Lee, NO. 27450, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 29, 2007, Decided
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Overview: District court did not abuse its discretion in granting withdrawal of defendant's guilty plea pursuant to Haw. R. Penal P. 40 because the court's unchallenged findings of fact supported defendant's contention that she had not been fully informed of her constitutional rights and the nature and consequences of her plea.

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State v. Quiros, NO. 26569, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 29, 2007, Decided
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Overview: Defendant's conviction for third-degree sexual assault for knowingly engaging in sexual contact with a minor who was between 14 and 16 years old, contrary to Haw. Rev. Stat. § 707-732(1)(c), was upheld where Hawaii Supreme Court had rejected challenges to constitutionality of statute and definition of "sexual contact" in Haw. Rev. Stat. § 707-700.

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State v. MaCarthur, NO. 27706, SUPREME COURT OF HAWAI'I, July 2, 2007, Decided
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