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   State Courts - Hawaii - June 23 - June 26, 2006

  
Elizares v. State, NO. 26923, SUPREME COURT OF HAWAI'I, June 23, 2006, Decided
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State v. Hung, NO. 26963, SUPREME COURT OF HAWAI'I, June 23, 2006, Decided
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Williamson v. Williamson, No. 27397, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 23, 2006, Decided
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Overview: Court properly granted a widow's motion to dismiss son's complaint to declare void marriage between widow and the son's deceased father where, pursuant to Haw. Rev. Stat. §§ 572-1, 580-1, and 580-21, only a family court could declare void a marriage obtained by force, duress, or fraud, and it could not do so where there was subsequent cohabitation.

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Yamaguchi v. Yamaguchi, NO. 27262, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 23, 2006, Decided
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Overview: Although family court had jurisdiction (1) to enforce its order directing parents to sign a trust agreement transferring a condominium to their son's former wife while that order was on appeal and (2) to require the parents to comply with its order after it had dismissed them from the case, court's orders were vacated and the case was remanded.

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Dep't of Taxation v. Town, NO. 27641, SUPREME COURT OF HAWAI'I, June 26, 2006, Decided
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Keahi v. State, NO. 27277, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 26, 2006, Decided
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Overview: A petition to vacate, set aside, correct judgment, or be released from custody was properly denied without an evidentiary hearing where the Hawaii Paroling Authority followed Haw. Rev. Stat. § 353-66(f) (Supp. 2002) in revoking petitioner's parole after his second, not first, parole violation.

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Nursall v. Nakamura, NO. 26082, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 26, 2006, Decided
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State v. Kakugawa, NO. 26503, SUPREME COURT OF HAWAI'I, June 26, 2006, Decided
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Overview: There was substantial evidence pursuant to Haw. Rev. Stat. § 702-215(2) to support finding that petitioner had requisite state of mind for second-degree murder where witness testified that he kicked victim's head with such force that it would have traveled "a 100 yards" had it been a football, and that victim's whole body "just jumped" as a result.

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State v. Yuen, NO. 26971, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 26, 2006, Decided
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Overview: Where defendant was convicted of operating a vehicle under the influence of an intoxicant, in violation of Haw. Rev. Stat. § 291E-61, and one count of instruction permits, in violation of Haw. Rev. Stat. § 286-110(e), the State produced substantial evidence to prove that defendant was operating his motorcycle.

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Wittig v. Allianz, NO. 26227, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 26, 2006, Decided
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Overview: Court did not err by granting an insurer summary judgment, Haw. R. Civ. P. 56, on an employee's bad faith workers' compensation claim because the settlement offer, including the term that the employee resign, was not against public policy, and it was not coercive as the employee had the option of declining to accept the offer.

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