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| Brescia v. N. Shore Ohana, NO. 27211,
SUPREME COURT OF HAWAI'I, July 12, 2007, Decided
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Overview: A lower court erred in reversing a county planning commission's decision that denied an applicant's request for an amendment to a special management area (SMA) setback or variance from the shoreline setback where, inter alia, the commission's decision to enforce the SMA permit map was supported by reliable, probative, and substantial evidence.
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| State v. Tunoa, No. 27756,
SUPREME COURT OF HAWAI'I, July 12, 2007, Decided
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| Office of Haw. County Prosecuting Attorney v. Wagner (In re Motion to Quash an Admin. Subpoena), No. 27745,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 13, 2007, Decided
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Overview: Order denying appellants' motion to quash subpoena issued toward them by a prosecutor's office was upheld where appellants had no reasonable expectation of privacy in their bank records under either the U.S. Constitution or Hawaii Constitution. Appellants did not supply sufficient record on appeal to challenge trial court's relevancy determination.
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| State v. Gututala, Nos. 27749 and 27750,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 13, 2007, Decided
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Overview: Trial court did not commit plain error under Haw. R. Penal P. 52(b) by imposing extended sentences under Haw. Rev. Stat. § 706-662(1) where defendant was a persistent offender; defendant did not contest or challenge the record before the trial court that he had been convicted of two felonies at different times when he was 18 years of age or older.
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| Oceanic Kaimamala Corp. v. State, NO. 28509,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 16, 2007, Decided
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Overview: Plaintiffs' appeal of a trial court order was premature and the appellate court lacked jurisdiction where the trial court's judgment did not identify the counts on which it was entering judgment. The judgment did not satisfy the requirements for an appealable final judgment under Haw. R. Civ. P. 58.
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| State v. Hewahewa, NO. 27632,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 16, 2007, Decided
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Overview: Pursuant to Haw. R. Penal P. 48(c)(2), trial court reversibly erred by denying defendant's motion to dismiss because when court continued the case on May 27, 2005, it cited only court congestion as reason and defendant and State agreed that time period between May 27, 2005 and trial on September 30, 2005 could not be excluded pursuant to Rule 48.
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| State v. Lacy, NO. 27841,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 16, 2007, Decided
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| State v. Laudowicz, No. 27957,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 16, 2007, Decided
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Overview: Family court did not err in admitting statements made by defendant's wife to police in defendant's trial for harassment where circumstances that led to wife's statements were sufficiently startling to satisfy Haw. R. Evid. 803(b)(2); there was substantial evidence establishing that wife was visibly upset and emotional when she made the statements.
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| Waddell v. Gov't Emples. Ins. Co., No. 26665,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 16, 2007, Decided
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Overview: Circuit court properly confirmed arbitration award in conformity with Haw. Rev. Stat. § 658-8 (1993) in which arbitration panel determined that the insured's negligence exceeded that of a phantom truck driver, and accordingly, the insurer was not liable for the insured's Haw. Rev. Stat. § 431:10C-301(b)(3) (2005) uninsured motorist benefit claim.
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