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   State Courts - Hawaii - July 30 - August 6, 2007

  
Ragsdale v. Admin. Dir. of the Courts, NO. 28252, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 30, 2007, Decided
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Overview: License revocation was correctly upheld because a hearing officer properly declined to issue subpoenas to witnesses whose testimony was unnecessary and she provided options to a licensee that were refused. District court did not err in failing to rescind the revocation for an officer's failure to appear when a continuance was offered and refused.

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SRI Int'l v. Galijan, NO. 26992, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 30, 2007, Decided
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State v. Enaena, NO. 27588, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 30, 2007, Decided
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Overview: Court abused its discretion in not allowing defendant to cross-examine robbery victim about statement, "T, you going down," that he made to defendant after she was charged with robbery where alleged statement seemed to reflect belief that case against defendant was strong; error was harmless because there was substantial evidence against defendant.

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State v. Pixley, NO. 27871, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 30, 2007, Decided
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Ass'n of Apt. Owners v. Venture 15, Inc., NO. 26637, SUPREME COURT OF HAWAI'I, July 31, 2007, Decided
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Overview: Developer, contractor, subcontractors, and engineer were improperly granted summary judgment on ground that Haw. Rev. Stat. § 657-7 statute of limitations barred negligence claims because issues existed as to whether association, by reasonable diligence, should have discovered more than 2 years before filing that defect caused cracks in walls.

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Sheehan v. Grove Farm Co., NO. 25811, SUPREME COURT OF HAWAI'I, July 31, 2007, Decided
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State v. Kekuewa, NO. 27248, SUPREME COURT OF HAWAI'I, July 31, 2007, Decided
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Overview: State's oral charge was insufficient, and therefore defendant's conviction was vacated, because it failed to inform defendant that the charged offense occurred within five years of a prior operating a vehicle under the influence of an intoxicant conviction, which was a critical part of Haw. Rev. Stat. § 291E-61(b)(2)'s attendant circumstance.

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Lemusu v. Luiz, NO. 28629, SUPREME COURT OF HAWAI'I, August 1, 2007, Decided
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Hamaoka v. Hyatt Corp., NO. 28329, SUPREME COURT OF HAWAI'I, August 2, 2007, Decided
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County of Kauai v. Baptiste, NO. 27351, SUPREME COURT OF HAWAI'I, August 6, 2007, Decided
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Overview: Although charter amendment, which decreased real property taxes for County of Kauai residents, did not violate Revised Charter of the County of Kauai, County was properly granted summary judgment against trustees on ground that amendment violated Haw. Const. art. VIII, § 3 because it usurped Council's functions relating to real property taxation.

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