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| Amen v. Malmberg, NO. 28039,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 15, 2006, Decided
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Overview: Defendant's cross-appeal of a judgment was dismissed for lack of appellate jurisdiction where defendant did not file its notice of cross-appeal within 14 days after service of plaintiff's notice of appeal. Defendant also did not file its notice of cross-appeal within 30 days after the entry of the judgment, as Haw. R. App. P. 4.1(b)(1) required.
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| In the Interest of B.P., NO. 27226,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 15, 2006, Filed
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Overview: Family court had not erred in awarding permanent custody of child to department of human services (DHS) as, inter alia, mother's parental rights to an older child had been terminated and mother, due to her emotional and personality difficulties, was at high risk to abuse drugs and had a history of using illicit drugs, specifically methamphetamines.
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| Lighter v. Yuen, NO. 27473,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 15, 2006, Decided
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Overview: When a tenant's lease was terminated in favor of the property owner and the tenant could not obtain the revocation of the special use permit, he was unable to succeed on his pro se appeal because his claim that he sought to resolve all cases of fraud or to be allowed to "wink" at fraud as other insiders did was inappropriate for resolution.
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| Reese v. Aloha Unlimited Travel, Inc., NO. 26052,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 15, 2006, Decided
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Overview: Although industrial relations appeal board had authority to apportion liability between two employers, it erred in apportioning liability equally as there was no substantial evidence to support board's deviation from Haw. Rev. Stat. § 386-31 (1993) preferred wage-based method of apportionment and thus no rational basis for a 50%/50% apportionment.
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| State v. Lee, NO. 27336,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 15, 2006, Decided
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Overview: Court had not erred in denying defendant's motions for judgment of acquittal as evidence was sufficient for convictions of operating vehicle under influence of intoxicant (DUI), in violation of Haw. Rev. Stat. § 291E-61(a)(1) (2004), and leaving scene of accident involving damage to vehicle or property, in violation of Haw. Rev. Stat. § 291C-13.
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| State v. Nishihara, NO. 27537,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 15, 2006, Decided
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Overview: Court did not err when it instructed jury that defendant only needed reckless, rather than intentional intent to threaten complaining witnesses for lesser included offense of terroristic threatening in second degree, Haw. Rev. Stat. § 707-717(1), because terroristic threats could be done with intent or in reckless disregard of risk of terrorizing.
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| Office of Disciplinary Counsel v. Wright, NO. 28031,
SUPREME COURT OF HAWAI'I, September 18, 2006, Decided
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Overview: The Supreme Court of California suspended the attorney for one year for his violation of Cal. R. Prof. Conduct 5-310(A), which prohibited contact with witnesses. Haw. R. Sup. Ct. 2.15(b) required issuance of an order imposing the same restriction on his license to practice law in the State of Hawai'i.
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| Thomas v. Hassler, NO. 25475,
SUPREME COURT OF HAWAI'I, September 18, 2006, Decided
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| Vanstory v. State, NO. 26821,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 18, 2006, Decided
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Overview: Circuit court properly denied appellant's petition for postconviction relief filed pursuant to Haw. R. Penal P. 40, where appellant's claims were patently frivolous and without trace of support either in the record or from other evidence submitted by him.
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