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   State Courts - Hawaii - October 24, 2006

  
Abaya v. Mantell, NO. 27195, SUPREME COURT OF HAWAI'I, October 24, 2006, Decided
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Overview: Because company did not move to intervene as a party in a personal injury action, even though it was a joint tortfeasor, it was not made a party to the case and lacked standing to appeal the lower court's determination of good faith in a settlement agreement pursuant to Haw. Rev. Stat. § 663-15.5 in that action.

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Amsterdam v. Yoshina, NO. 28159, SUPREME COURT OF HAWAI'I, October 24, 2006, Decided
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Diamond v. State, No. 26997, SUPREME COURT OF HAWAI'I, October 24, 2006, Decided
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Overview: Utilization of artificially planted vegetation in determining the certified shoreline under Haw. Rev. Stat. § 205A-1 was not allowed because it would encouraged private land owners to plant and promote salt-tolerant vegetation to extend their land further makai, which was contrary to the objectives and policies of the State of Hawaii.

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Jamitkowski v. Elias, NO. 26421, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 24, 2006, Decided
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State v. Lopez, NO. 25767, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 24, 2006, Decided
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Overview: When defendant testified that "white" girl had accused him of stealing friend's car keys but complaining witness did not mention girl in testimony, allowing prosecutor to reference girl's race during closing argument was not plain error. Reference had objectively reasonable purpose, as it was made in context of attacking defendant's credibility.

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State v. Stanley, NO. 27144, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 24, 2006, Decided
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Overview: A circuit court properly denied defendant's oral motions for judgment of acquittal on charge of second-degree robbery under Haw. Rev. Stat. § 708-841(1)(a) because substantial and convincing evidence showed that defendant, while in course of committing a theft from a store, used force against victim with intent to overcome his physical resistance.

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State v. Villegas, NO. 27179, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, October 24, 2006, Decided
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Overview: Officers properly stopped a vehicle where officers observed an invalid safety inspection sticker on the vehicle and were informed that the plates on the vehicle appeared to be fraudulent. Officers were then justified in removing defendant from the vehicle and searching him where defendant kept reaching away from the officers.

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