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   State Courts - Hawaii - August 1 - August 4, 2006

  
State v. Ku, NO. 27141, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 1, 2006, Decided
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State v. Kwak, NO. 25494, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 1, 2006, Decided
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Overview: In a case in which defendant was convicted of the included offense of reckless manslaughter in violation of Haw. Rev. Stat. § 707-702(1)(a), trial court did not err when it instructed jury that the defense of others was not a defense at trial, where there was not a scintilla of evidence adduced at trial to support the defense of defense of others.

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Wailuku Agribusiness Co. v. Ah Sam, NO. 25930, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 1, 2006, Decided
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Overview: Court properly granted a parcel of land to an agricultural company on its claim of adverse possession because the affidavits of company employees that the company had been using the parcel for agricultural purposes for the statutory period provided evidence of the company's hostile and exclusive possession.

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Barnhard v. Phillips, NO. 28048, SUPREME COURT OF HAWAI'I, August 3, 2006, Decided
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Courbat v. Dahana Ranch, NO. 25151, SUPREME COURT OF HAWAI'I, August 3, 2006, Decided
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State v. Chatman, NO. 26763, SUPREME COURT OF HAWAI'I, August 3, 2006, Decided
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Overview: Court did not err in failing to grant a mistrial based on witness testimony that defendant had previously struck her because it was used to establish that the witness was under threat from defendant to write the letter, Haw. R. Evid. 401, and the prior bad act evidence constituted only one isolated response not solicited by the prosecution.

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State v. Rhoads, NO. 27316, SUPREME COURT OF HAWAI'I, August 3, 2006, Decided
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Overview: In a tax fraud prosecution, defense counsel did not commit errors or omissions reflecting lack of skill, judgment, or diligence by failing to subject the State's case to stringent adversarial testing regarding ownership of the allegedly stolen money and the computations of defendant's tax liability.

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Harker v. Samsonas, NO. 27488, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 4, 2006, Decided
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Hines v. Hines, NO. 27381, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 4, 2006, Decided
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Overview: In a dissolution of marriage case, the wife was not entitled to appellate relief because the family court properly denied a motion for change of venue and properly enforced an order warning the wife that if she did not comply with the husband's discovery requests she would be precluded from testifying at trial on those subject matters.

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In re Interest of Doe Children, NO. 27255, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 4, 2006, Decided
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Overview: Orders denying parents' motions for reconsideration after permanent custody of their three children was awarded to the Hawaii Director of Human Services were upheld because substitute judge was authorized to rule on the motions for reconsideration after the family judge went on extended leave for treatment necessitated by a serious physical injury.

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