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| Aitken v. Dep't of Educ., NO. 26268,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 26, 2006, Decided
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Overview: Hawaii Labor and Industrial Relations Appeals Board properly upheld the denial of workers' compensation benefits for an employee's stress injury arising out of allegations that the employee, formerly a public school counselor, sexually abused one of his students because the employee's injury did not arise out of and in the course of his employment.
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| Balanay v. Shima's Mkt., Inc., NO. 28016,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 26, 2006, Decided
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Overview: Employee's appeal of order denying her claim for workers' compensation benefits and her motion for reconsideration was dismissed for lack of jurisdiction where order was final decision and order in a contested case under Haw. Rev. Stat. § 91-14(a) that was appealable directly to an intermediate court of appeals pursuant to Haw. Rev. Stat. § 386-88.
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| Kekona v. Abastillas, NO. 24051,
SUPREME COURT OF HAWAI'I, September 26, 2006, Decided
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Overview: Appellate court gravely erred in determining that preponderance of evidence standard was sufficient in fraudulent transfer action by judgment creditor against transferee. The higher protections afforded by the "clear and convincing" standard of proof were necessary inasmuch as a finding of liability produced reputational harm.
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| State v. Ancheta, NO. 27461, NO. 27462,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 26, 2006, Decided
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Overview: Conviction for violation of a protective order under Haw. Rev. Stat. § 586-11 was vacated and the matter was remanded because the trial court committed reversible error when it limited defendant's questioning about the grant of immunity to the wife and when it prohibited testimony from defendant about why he thought he could call his wife.
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| State v. Lee, NO. 26013,
SUPREME COURT OF HAWAI'I, September 26, 2006, Decided
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| State v. Munar, NO. 25917,
SUPREME COURT OF HAWAI'I, September 26, 2006, Decided
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| State v. Aki, NO. 26732,
SUPREME COURT OF HAWAI'I, September 27, 2006, Decided
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Overview: In defendant's manslaughter case, a court properly excluded hearsay testimony, Haw. R. Evid. 803(b)(24), regarding a third party's "sickness" involving "girls" because the declarant's vague statement was less probative than evidence that he was a registered sex offender and had multiple prior rape and burglary convictions.
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| State v. Quel, NO. 26769,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 27, 2006, Decided
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Overview: In a first degree sexual assault case, the trial court did not abuse its discretion by not sua sponte dismissing the indictment due to the State's failure to disclose the existence of an alleged non-prosecution agreement with the victim as disclosing it to the grand jury would not have affected the outcome of the grand jury's deliberations.
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| State v. Thomas, NO. 25554,
SUPREME COURT OF HAWAI'I, September 27, 2006, Decided
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Overview: Sufficient evidence supported defendant's harassment conviction under Haw. Rev. Stat. § 711-1106(1)(a) because it showed that defendant tailgated complaining witness from a road to the police station, defendant grabbed witness and pinned her against her car, and defendant cursed at witness and struck her in the right eye.
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