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   State Courts - Hawaii - August 28 - August 29, 2006

  
Regan v. State, NO. 27505, SUPREME COURT OF HAWAI'I, August 28, 2006, Decided
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Rita v. State, NO. 27093, SUPREME COURT OF HAWAI'I, August 28, 2006, Decided
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State v. Perez, NO. 27548, SUPREME COURT OF HAWAI'I, August 28, 2006, Decided
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Overview: Second hour of defendant's detention was concededly pretextual and therefore could not be justified under the Vance and Langley decisions because normal processing for defendant's shoplifting arrest should have taken approximately one hour, and his processing was ceased while waiting for narcotics detectives.

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Sung Hong Wong v. Cayetano, NO. 27117, SUPREME COURT OF HAWAI'I, August 28, 2006, Decided
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Berbig v. Jensen, NO. 26003, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 29, 2006, Decided
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Overview: In a lawsuit for personal injuries, judgment of the trial court, entered after the jury entered a special verdict, was affirmed because the alleged evidentiary errors cited by plaintiff were harmless and did not affect the outcome of the case. Trial court had discretion to permit witnesses to testify out of sequence.

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Ibara v. State, NO. 27013, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 29, 2006, Decided
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Overview: A trial court properly denied petitioner's Haw. R. Penal P. 40 motion for postconviction relief where his claims were previously ruled upon or were waived. His claims were also patently frivolous and without a trace of support either in the record or from other evidence submitted by him.

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Ibara v. State, NO. 27623, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 29, 2006, Decided
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Overview: A trial court properly granted the State's motion to dismiss a Haw. R. Penal P. 40 petition for postconviction relief where petitioner's claims were previously ruled upon in his prior motion to vacate, set aside, or correct judgment or were waived.

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State v. Mudrick, NO. 27090, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 29, 2006, Decided
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Overview: A family court committed plain error where it imposed a sentence based on defendant's refusal to admit guilt with respect to offense of abuse of family or household members; it appeared that defendant's sentence of probation for a period of one year and five days of imprisonment would not have been as severe if he had affirmatively admitted guilt.

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State v. Takara, NO. 25839, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, August 29, 2006, Decided
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