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   State Courts - Hawaii - July 13 - July 14, 2006

  
Batangan v. First Hawaiian Bank, NO. 24990, SUPREME COURT OF HAWAI'I, July 13, 2006, Decided
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Overview: Summary judgment was properly awarded to a creditor who sought to foreclose upon debtors' real property in debtors' action for violations of the federal Truth in Lending Act (TILA) because, even if the alleged violations of the TILA occurred, the debtors' right to rescind expired after three years pursuant to 15 U.S.C.S. § 1635(f).

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Ferreira v. Ferreira, NO. 26444, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 13, 2006, Decided
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Haw. Providers Network, Inc. v. AIG Haw. Ins. Co., Inc., NO. 27345, SUPREME COURT OF HAWAI'I, July 13, 2006, Decided
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House of Fin., Inc. v. Fin. Solutions Ins. Servs., Inc., NO. 25292, SUPREME COURT OF HAWAI'I, July 13, 2006, Decided
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Overview: Summary judgment in favor of underwriters in insured's action against them was affirmed because the insurance policy at issue was unambiguous and insured did not show a direct financial loss greater than the amount of its deductible, there were no public policy concerns, and there was no evidence that underwriters acted in bad faith.

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In the Interest of P. Children, NO. 27733, SUPREME COURT OF HAWAI'I, July 13, 2006, Decided
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State v. Kakugawa, NO. 26503, SUPREME COURT OF HAWAI'I, July 13, 2006, Decided
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State v. Molina, NO. 27310, SUPREME COURT OF HAWAI'I, July 13, 2006, Decided
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Overview: A trial court properly denied defendant's motion to dismiss due to a violation of the "speedy trial rule" set forth by Haw. R. Penal P. 48 where the mistaken belief that defendant was not subject to mandatory minimum sentencing constituted a substantial reason for delay of trial that afforded a legal excuse for such delay.

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State v. Shidaki, NO. 27405, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 13, 2006, Decided
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Overview: Trial court did not abuse its discretion when it allowed defendant's case to proceed to trial, even though the trial court learned during the hearing on his motion in limine that he had filed complaint against his court-appointed counsel with the Hawaii Office of Disciplinary Counsel, where defendant never requested a continuance from trial court.

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Gualdarama v. State, NO. 27901, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 14, 2006, Decided
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State v. Afuvai, NO. 27146, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 14, 2006, Decided
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Overview: Indictment charging defendant with sexual assault was not constitutionally defective because in cases involving sexual abuse of minors, it was sufficient to allege that offense occurred over particular time span; 15-month time period within which State alleged that defendant committed acts was sufficiently specific to put him on notice of charges.

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