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   State Courts - Hawaii - July 3 - July 6, 2006

  
Harrison v. Hilton Hawaiian Vill., LLC, NO. 26239, SUPREME COURT OF HAWAI'I, July 3, 2006, Decided
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In the Interest of J.L., NO. 27586, SUPREME COURT OF HAWAI'I, July 5, 2006, Decided
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Jones v. Marlin, NO. 27466, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 5, 2006, Decided
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Overview: An order awarding judgment to a payee in an action against a guarantor to collect the balance due on a promissory note was upheld where the assertion of jurisdiction over the guarantor under Haw. Rev. Stat. § 634-35 (1993) comported with principles of due process of law; the payee asserted that the guarantor had a Hawaii driver's license.

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State v. Chin, No. 27379, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 5, 2006, Decided
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Overview: Appellate court affirmed defendant's conviction for first degree burglary in violation of Haw. Rev. Stat. § 708-810(1)(c) because defendant admitted he did not have permission to be in the house, and the State did not have to prove that the title owner of the property did not give the defendant permission to enter.

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State v. Ryan, No. 26585, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 5, 2006, Decided
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Overview: Court vacated defendant's convictions and remanded case for new trial where testimony of police officers that they had no reason to not believe complaining witness's allegations against defendant impermissibly invaded province of jury; testimony was tantamount to expression of their opinion that the witness had been truthful in accusing defendant.

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Thomas v. Fukumoto, NO. 27484, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 5, 2006, Decided
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Overview: A trial court properly granted attorney's motion to stay proceedings and compel arbitration in a legal malpractice action where the language in the arbitration paragraph in the retainer agreement was sufficient to put the clients on notice that the paragraph applied to legal malpractice cases. There were no ambiguities in the arbitration paragraph.

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Milan v. Dickinson, NO. 27854, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 6, 2006, Decided
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Peca v. Riedl, NO. 26172, SUPREME COURT OF HAWAI'I, July 6, 2006, Decided
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Schmidt v. Pac. Benefit Servs., NO. 25755, SUPREME COURT OF HAWAI'I, July 6, 2006, Decided
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Shindo v. Shindo, NO. 27869, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 6, 2006, Decided
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Overview: Husband's appeal of order granting wife's Haw. Fam. Ct. R. 60(b) motion to vacate or set aside divorce decree was dismissed for lack of jurisdiction where trial court's order was not a final order under Haw. Rev. Stat. § 641-1(a); trial court apparently intended to redetermine some issues relating to division and distribution of property and debts.

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