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| Bankers Trust Co. v. Abiva, NO. 27970,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 25, 2006, Decided
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Overview: Debtor's appeal was dismissed for lack of jurisdiction because the judgment was not an appealable final judgment under Haw. Rev. Stat. § 641-1(a), Haw. R. Civ. P. 58, and the holding in Jenkins v. Cades Schutte Fleming, where it did not clearly state whether the trial court entered judgment on all three of the debtor's counterclaims against a bank.
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| Calderwood v. State, NO. 27441,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 25, 2006, Decided
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Overview: After he was convicted of murder in the second degree, petitioner's motion for postconviction relief was properly denied pursuant to Haw. R. Penal P. 40(f) where his claims were patently frivolous and without trace of support either in the record or from other evidence submitted by him.
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| O'Neill v. State, NO. 27188,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 25, 2006, Decided
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Overview: Circuit court properly denied petitioner's third Haw. R. Penal P. 40 petition as claims he raised in third petition, inter alia, ineffective assistance of counsel, had been previously ruled upon or were waived, rule 40(a)(3), and claims were patently frivolous and without support in record or from other evidence submitted by petitioner, rule 40(f).
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| State v. Bryant, NO. 25480,
SUPREME COURT OF HAWAI'I, August 25, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of a charge of operating a vehicle under the influence in violation of Haw. Rev. Stat. § 291E-61. Defendant's challenge to one portion of the field sobriety test was without merit because the test was admitted for the limited purpose of establishing probable cause.
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| State v. Kagawa, NO. 27741,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 25, 2006, Decided
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| State v. Legro, NO. 25914,
SUPREME COURT OF HAWAI'I, August 25, 2006, Decided
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Overview: Defendant convicted of failing to carry no-fault insurance, in violation of Haw. Rev. Stat. § 431:10C-104, and criminal contempt of court, in violation of Haw. Rev. Stat. § 710-1077(g), failed to object to the admission of the evidence that he contended was the fruit of an illegal search and seizure. He waived the right to challenge his conviction.
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| State v. Nichols, NO. 26870,
SUPREME COURT OF HAWAI'I, August 25, 2006, Decided
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| Tupuola v. State, NO. 27372,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 25, 2006, Decided
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Overview: A trial court properly denied petitioner's Haw. R. Penal P. 40 motion for correction of an illegal sentence where the issues raised in the motion were not raised in his appeal of his conviction and sentence for robbery in the second degree and were therefore waived.
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