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| Podals v. Hifo, NO. 28581,
SUPREME COURT OF HAWAI'I, July 24, 2007, Decided
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| State v. Kauwe, NO. 27751,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 24, 2007, Decided
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| State v. Williams, No. 27286,
SUPREME COURT OF HAWAI'I, July 24, 2007, Decided
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Overview: In defendant's operating under the influence of an intoxicant case, because there was insufficient evidence of a collision - defendant fell off his motorcycle - the statutory requirements of Haw. Rev. Stat. § 291E-21 were not met, and therefore, the blood draw was improper and should have been suppressed.
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| Jernigan v. State, NO. 27947,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 25, 2007, Decided
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Overview: Petitioner's motion for postconviction relief was properly dismissed without a hearing where petitioner's Apprendi-related claim was foreclosed by Gomes, in which the Hawaii Supreme Court held that Apprendi did not apply retroactively to cases on collateral attack.
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| Mayes v. Kaanapali Hillside Homeowners' Ass'n, NO. 28523,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 25, 2007, Decided
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Overview: The dismissal of an appeal from the dismissal of a petition to expunge an invalid nonconsensual common law lien was proper because the dismissal order was not an appealable final judgment under Haw. Rev. Stat. § 641-1(a), Haw. R. Civ. P. 58, and case law. The circuit court had not yet reduced the dismissal order to a separate judgment.
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| Jou v. Gov't Emples. Ins. Co., NO. 26311,
SUPREME COURT OF HAWAI'I, July 26, 2007, Decided
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Overview: Insurer did not abuse a state agency's hearing process in seeking a ruling with respect to whether denial of claim notices had to be sent to services providers under particular circumstances because no ulterior motive or wilful act could be discerned for the purpose of misusing or manipulating the hearing process.
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| State v. Robertson, NO. 27321,
SUPREME COURT OF HAWAI'I, July 26, 2007, Decided
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| Edwards v. Mizukami, NO. 28522,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 27, 2007, Decided
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| State v. Kiaha, NO. 27692,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 27, 2007, Decided
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Overview: In a case involving unauthorized control of a propelled vehicle, there was no plain error in allowing a juvenile's father to testify at a second trial after he sat through the first; this was not prohibited under Haw. R. Evid. 615, and defendant was free to impeach the father about whether his testimony was tainted by the previous proceedings.
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