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   State Courts - Hawaii - July 26 - July 27, 2006

  
Bereday v. Keehi Mem. Org., NO. 27790, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 26, 2006, Decided
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Blaisdell v. Dep't of Pub. Safety, NO. 27170, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 26, 2006, Decided
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Overview: Where an inmate failed to pay the filing fee, the circuit court did not err in dismissing his suit against the Hawai'i Department of Public Safety concerning the garnishment of the inmate's prison earnings under Haw. Rev. Stat. § 353-22.5. The inmate's appeal lacked merit.

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Fistes v. Kobayashi, NO. 27848, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 26, 2006, Decided
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Izuo v. Dias, NO. 26160, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 26, 2006, Decided
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Overview: Summary judgment was properly awarded to sellers of property in their action against a buyer for breach of the sales agreement where the buyer failed to make the payments provided for in the agreement. The buyer failed to cure when given additional time by the trial court in an attempt to adhere to a "time is of the essence clause."

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Wong v. Cayetano, NO. 27117, SUPREME COURT OF HAWAI'I, July 26, 2006, Decided
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Overview: Even though circuit court erred by holding that plaintiffs' malicious prosecution action against defendants was barred by res judicata based on plaintiffs' prior federal action, the error was harmless because plaintiffs did not challenge conclusions of law that formed separate and independent bases for the circuit court's judgment.

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Rita v. State, NO. 27093, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 27, 2006, Decided
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Overview: A petition for postconviction relief pursuant to Haw. R. Penal P. 40 was properly denied where petitioner's claims that trial counsel was ineffective were previously ruled upon or were waived. Petitioner also failed to show that his appellate counsel was ineffective.

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State v. Masaniai, NO. 26232, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 27, 2006, Decided
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Overview: Defendant was not denied effective assistance of counsel during his trial for extortion, even though his attorney failed to move for an examination to determine his fitness to proceed, pursuant to Haw. Rev. Stat. § 704-403 (1993), because it was within the discretion of defense counsel to decide whether to make that motion.

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