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| Au v. Au, NO. 26545,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 28, 2006, Decided
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Overview: In a divorce decree, a family court did not err in awarding the parties joint legal and physical custody of their minor child where the family court had concluded that the husband was not abusive, he had no protective order issued against him that entered an affirmative finding of abuse, and he was not violent to the wife or the child.
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| Gomes v. State, NO. 26663,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 28, 2006, Decided
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Overview: A petition for relief under Haw. R. Penal P. 40 was properly denied where the due process and prosecutorial misconduct issues raised in the petition were previously ruled upon or waived. Petitioner could have raised the issues in his federal habeas corpus petition or in his first and second Haw. R. Penal P. 35 proceedings.
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| In the Interest of A. Q., NO. 27435,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 28, 2006, Decided
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| Kelly v. 1250 Oceanside Ptnrs, NOS. 26813 & 27864,
SUPREME COURT OF HAWAI'I, July 28, 2006, Decided
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Overview: Public trust duties imposed on the State under Haw. Const. art. XI, § 1, also required the county and DOH to protect coastal waters, but trial court erred in finding that county and DOH breached their duties where community group failed to present sufficient evidence to show that the county or DOH caused damage to waters near developer's property.
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| In re Trivectra v. Ushijima, NO. 25312,
SUPREME COURT OF HAWAI'I, July 31, 2006, Decided
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Overview: Where any excess profit was initial value given in consideration for right to receive future income from corporation and members could only realize return if company remained viable, company's program constituted investment contract and hence a "security" under Haw. Rev. Stat. § 485-1(13).
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| Medeiros v. Polak, NO. 28029,
SUPREME COURT OF HAWAI'I, July 31, 2006, Decided
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| Page v. Gangnes, NO. 28035,
SUPREME COURT OF HAWAI'I, July 31, 2006, Decided
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| State v. Moleta, NO. 26248,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, July 31, 2006, Decided
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Overview: Evidence was insufficient to sustain a reckless driving conviction, Haw. Rev. Stat. § 291-2, because neither sheriff testified as to the distance between defendant's car and the cars defendant allegedly cut off, and there was no evidence of screeching tires, honking horns, nor any other warning that should have been perceptible to defendant.
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