Supreme Court of Hawaii Decisions 2017

Yellen v. Office of the Prosecuting Attorney
Date: December 11, 2017
Docket Number: SCWC-16-0000067
Peak Capital Group, LLC v. Perez
Date: December 7, 2017
Docket Number: SCWC-14-0001125
In re Park
Date: December 6, 2017
Docket Number: SCPR-17-0000828
In re Kubota
Date: December 6, 2017
Docket Number: SCPR-17-0000836
State v. Matsumoto
Date: December 6, 2017
Docket Number: SCWC-14-0000933
Peak Capital Group, LLC v. Perez  
Date: December 6, 2017
Docket Number: SCWC-14-0001125

Justia Opinion Summary: In this appeal from the denial of Petitioner’s motion for return of her personal possessions allegedly taken during the execution of a writ of ejectment after the foreclosure sale of a house in which she resided, the Sup...

Hawai’i Technology Academy v. L.E.  
Date: December 5, 2017
Docket Number: SCAP-15-0000520

Justia Opinion Summary: The Hawai’i Civil Rights Commission (HCRC) did not have jurisdiction under Haw. Rev. Stat. 368-1.5 over this claim that a student was subject to disability discrimination and improper denial of reasonable accommodations...

State v. McDaniel
Date: December 4, 2017
Docket Number: SCWC-14-0001105
State v. Naki
Date: December 1, 2017
Docket Number: SCWC-16-0000614
Curioso v. Gangnes
Date: November 30, 2017
Docket Number: SCPW-17-0000171
Moana v. Wong
Date: November 30, 2017
Docket Number: SCPW-17-0000532
State v. Castillon
Date: November 29, 2017
Docket Number: SCWC-16-0000421
Bank of America, N.A. v. Reyes-Toledo
Date: November 24, 2017
Docket Number: SCWC-15-0000005
Bennett v. Chung
Date: November 22, 2017
Docket Number: SCWC-16-0000784
Moana v. Wong  
Date: November 21, 2017
Docket Number: SCPW-17-0000171

Justia Opinion Summary: The Supreme Court here provided guidance as to when circumstances are compelling for purposes of denying a defendant’s motion for release from custody when the defendant is held for a period of more than two days after i...

Moana v. Wong.
Date: November 21, 2017
Docket Number: SCPW-17-0000532
State v. Quiday  
Date: November 21, 2017
Docket Number: SCWC-13-0004085

Justia Opinion Summary: Aerial surveillance of the curtilage of a private residence conducted for the purposes of detecting criminal activity thereupon qualifies as a “search” within the meaning of Haw. Const. art. I, 7. In this case, three h...

State v. Long
Date: November 17, 2017
Docket Number: SCWC-16-0000509
Umberger v. Crabtree
Date: November 15, 2017
Docket Number: SCPW-17-0000738
Yamano v. Kobayashi
Date: November 13, 2017
Docket Number: SCWC-16-0000398
Nozawa v. Operating Engineers Local Union No. 3
Date: November 9, 2017
Docket Number: SCWC-14-0000021
State v. Kaohu
Date: November 7, 2017
Docket Number: SCWC-15-0000473
State v. Souza
Date: November 6, 2017
Docket Number: SCWC-13-0002043
Association of Apartment Owners of Waipouli Beach Resort v. Uponor
Date: November 6, 2017
Docket Number: SCWC-14-0000930
In re PC
Date: November 6, 2017
Docket Number: SCWC-15-0000015
State v. Ceon
Date: November 3, 2017
Docket Number: SCWC-16-0000395
Wells Fargo Bank, N.A. as Trustee v. Omiya
Date: November 2, 2017
Docket Number: SCWC-13-0000133
State v. Yokota
Date: November 2, 2017
Docket Number: SCWC-16-0000006
Lewi v. State
Date: November 2, 2017
Docket Number: SCWC-16-0000090
State v. Keller
Date: November 2, 2017
Docket Number: SCWC-16-0000615
Harrison v. Casa De Emdeko, Inc.
Date: October 31, 2017
Docket Number: SCWC-15-0000744
State v. Sasai
Date: October 31, 2017
Docket Number: SCWC-15-0000865
State v. Brown
Date: October 30, 2017
Docket Number: SCWC-15-0000354
State v. Di Amore
Date: October 27, 2017
Docket Number: CAAP-14-0001222
State v. Love
Date: October 27, 2017
Docket Number: SCWC-16-0000572
Central Pacific Bank v. Frederick
Date: October 27, 2017
Docket Number: SCWC-16-0000637
Bank of America v. Panzo
Date: October 26, 2017
Docket Number: SCWC-14-0001356
Central Pacific Bank v. Frederick
Date: October 26, 2017
Docket Number: SCWC-16-0000637
Honolulu Civil Beat, Inc. v. Honolulu Police Commission
Date: October 24, 2017
Docket Number: SCPW-17-0000661
Ogeone v. Crabtree
Date: October 24, 2017
Docket Number: SCPW-17-0000679
State v. Vaimili  
Date: October 24, 2017
Docket Number: SCWC-14-0000557

Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) on appeal affirming the circuit court’s order denying International Fidelity Insurance Company’s renewed motion to set aside judgment or...

State v. Pihana
Date: October 24, 2017
Docket Number: SCWC-15-0000536
Office of Disciplinary Counsel v. Lee
Date: October 23, 2017
Docket Number: SCAD-11-0000007
State v. Wakamoto
Date: October 20, 2017
Docket Number: CAAP-16-0000873
State v. Fukuoka  
Date: October 20, 2017
Docket Number: SCWC-15-0000461

Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals rejecting Defendant’s contention that the district court abused its discretion in not dismissing with prejudice the charges against Petitioner...

State v. Eduwensuyi
Date: October 19, 2017
Docket Number: SCWC-16-0000558
State v. Haili
Date: October 18, 2017
Docket Number: SCWC-16-0000087
State v. Lee
Date: October 17, 2017
Docket Number: SCWC-14-0001107
Leone v. County of Maui  
Date: October 16, 2017
Docket Number: SCAP-15-0000599

Justia Opinion Summary: The County of Maui’s land use regulations did not constitute a regulatory taking of property owned by Plaintiffs. Plaintiffs brought suit against the County arguing that the County’s land use regulations and restriction...

State v. Joshua  
Date: October 16, 2017
Docket Number: SCWC-16-0000800

Justia Opinion Summary: The Supreme Court prospectively held that when a party to a circuit court civil case timely appeals a purportedly appealable final judgment that is later determined not to meet the appealability requirements of Jenkins v...

Ihara v. State  
Date: October 13, 2017
Docket Number: SCWC-12-0000398

Justia Opinion Summary: In this case raising two questions concerning Hawaii law of workers’ compensation as it relates to permanent partial disability (PPD) awards, the Supreme Court held (1) a PPD award for an unscheduled injury that is not c...

Batalona v. State
Date: October 13, 2017
Docket Number: SCWC-16-0000428
State v. Iona
Date: October 11, 2017
Docket Number: SCWC-16-0000100
State v. Kim
Date: October 11, 2017
Docket Number: SCWC-16-0000531
State v. Bruce  
Date: October 9, 2017
Docket Number: SCWC-15-0000439

Justia Opinion Summary: After a joint trial, the jury found Lawrence Bruce guilty of promoting prostitution in the second degree and found Justin McKinley guilty of promoting prostitution in the first degree. The intermediate court of appeals (...

State v. Montalvo
Date: October 9, 2017
Docket Number: SCWC-16-0000198
In re Burnham
Date: October 6, 2017
Docket Number: SCPR-17-0000669
Credit Associates of Maui, Ltd. v. Freitas
Date: October 6, 2017
Docket Number: SCWC-13-0001182
State v. Kealoha
Date: October 6, 2017
Docket Number: SCWC-14-0001195
In re RE and NP
Date: October 3, 2017
Docket Number: CAAP-17-0000461
Kaneshiro v. Eleven
Date: October 3, 2017
Docket Number: SCWC-15-0000848
State v. Marques-Fernandez
Date: October 3, 2017
Docket Number: SCWC-16-0000019
State v. Stone
Date: September 29, 2017
Docket Number: SCWC-16-0000590
O’Grady v. State  
Date: September 27, 2017
Docket Number: SCAP-14-0001363

Justia Opinion Summary: The Supreme Court granted Petitioners’ request for costs but denied their request for an award of attorney’s fees in their action against the State of Hawaii and the State of Hawaii Department of Transportation. The Supr...

The Bank of New York Mellon v. Peck
Date: September 27, 2017
Docket Number: SCWC-14-0000900
Phan v. Bissen
Date: September 26, 2017
Docket Number: SCPW-17-0000657
Jones v. State
Date: September 25, 2017
Docket Number: SCWC-14-0001077
Ventures Trust v. Sommers
Date: September 25, 2017
Docket Number: SCWC-17-0000013
State v. Sanney  
Date: September 20, 2017
Docket Number: SCWC-15-0000548

Justia Opinion Summary: At issue in this appeal were appropriate procedures for cases in which a trial court provides a “sentencing inclination.” In this opinion, the Supreme Court discussed procedures trial judges should follow before providin...

Charles v. Kapalua Bay, LLC  
Date: September 18, 2017
Docket Number: SCWC-14-0000387

Justia Opinion Summary: In this arbitrability dispute, the Supreme Court reversed the portion of the intermediate court of appeals’ (ICA) order denying Petitioners’ request for appellate attorneys’ fees and affirmed the portions of the ICA’s or...

Missler v. Board of Appeals of the County of Hawai'i
Date: September 15, 2017
Docket Number: SCWC-13-0002347
Fuchs v. Intermediate Court of Appeals
Date: September 14, 2017
Docket Number: SCPW-17-0000635
Gordon v. Maesaka-Hirata
Date: September 13, 2017
Docket Number: SCWC-14-0000914
Souza v. Fisher
Date: September 12, 2017
Docket Number: SCWC-13-0001699
State v. Yellen
Date: September 12, 2017
Docket Number: SCWC-16-0000617
Cadiz v. QSI, Inc.
Date: September 11, 2017
Docket Number: SCWC-14-0000594
Yamano v. Kobayashi
Date: September 8, 2017
Docket Number: SCWC-16-0000398
In re Beale
Date: September 7, 2017
Docket Number: SCPR-17-0000607
Slavick v. Nacino
Date: September 7, 2017
Docket Number: SCPW-17-0000593
Umberger v. Department of Land & Natural Resources  
Date: September 6, 2017
Docket Number: SCWC-13-0002125

Justia Opinion Summary: Commercial aquarium collection pursuant to permits issued under Haw. Rev. Stat. 188-31 and the Department of Land and Natural Resource’s (DLNR) administrative rules is subject to the environmental review procedures provi...

State v. Hernandez
Date: September 6, 2017
Docket Number: SCWC-15-0000067
Deutsche Bank National Trust Co. v. Kozma  
Date: September 5, 2017
Docket Number: SCWC-16-0000025

Justia Opinion Summary: The Supreme Court affirmed the portion of the intermediate court of appeals’ (ICA) judgment denying without prejudice Philip Kozma’s request for attorneys’ fees related to his appeal but vacated the portion of the ICA’s...

State v. Hilario
Date: August 30, 2017
Docket Number: SCWC-13-0003039
Bank of America, N.A. v. Kupahu
Date: August 30, 2017
Docket Number: SCWC-15-0000447
State v. Williander
Date: August 30, 2017
Docket Number: SCWC-15-0000759
Bassan v. Federal Land Bank of Hawaii
Date: August 30, 2017
Docket Number: SCWC-16-0000639
Hawai'i v. Nicol  
Date: August 30, 2017
Docket Number: SCWC-16-0000681

Justia Opinion Summary: Under Hawaii Revised Statutes (HRS) 641-11, a defendant may appeal from an order of the circuit court dismissing the proceedings without prejudice. After the circuit court dismissed defendant's case without prejudice due...

State v. Hilario
Date: August 29, 2017
Docket Number: SCWC-13-0003039
Bank of America, N.A. v. Kupahu
Date: August 29, 2017
Docket Number: SCWC-15-0000447
Bassan v. Federal Land Bank of Hawaii
Date: August 29, 2017
Docket Number: SCWC-16-0000639
State v. McDonnell  
Date: August 28, 2017
Docket Number: SCWC-14-0000355

Justia Opinion Summary: The Supreme Court of Hawaii affirmed defendant's conviction for sexually assaulting his minor daughter. The court held that the family court did not abuse its discretion in admitting most of the testimony of the State's...

Gold Coast Neighborhood Ass’n v. State  
Date: August 25, 2017
Docket Number: SCWC-14-0000472

Justia Opinion Summary: The circuit court and the intermediate court of appeals (ICA) did not err in determining that the State obtained an easement over and across the cement path atop a seawall (the Seawall) by common law implied dedication....

In re Application for Reinstatement of Ferrigno
Date: August 22, 2017
Docket Number: SCAD-17-0000557
The Bank of New York Mellon v. R. Onaga, Inc.
Date: August 22, 2017
Docket Number: SCWC-14-0000426
Slavick v. Nacino
Date: August 21, 2017
Docket Number: SCPW-17-0000593
State v. Villena  
Date: August 15, 2017
Docket Number: SCWC-13-0000030

Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming Defendant’s conviction for the offense of operating a vehicle under the influence of an intoxicant. On appeal, Defendant argued...

San v. Yellen
Date: August 15, 2017
Docket Number: SCWC-15-0000038
Eleson v. State
Date: August 14, 2017
Docket Number: SCPW-17-0000591
In Dobie
Date: August 11, 2017
Docket Number: SCPR-17-0000563
In re Arbitration between Hawaii State Teachers Association and State of Hawaii, Department of Education  
Date: August 11, 2017
Docket Number: SCWC-11-0000065

Justia Opinion Summary: Under the facts of this case, the doctrine of sovereign immunity did not protect the State from an arbitrator’s award of prejudgment interest. This case arose from Grievant’s termination from her job as a public school...

Batalona v. State
Date: August 11, 2017
Docket Number: SCWC-16-0000428
Narayan v. Marriott International, Inc.
Date: August 10, 2017
Docket Number: SCAP-13-0003067
Narayan v. The Ritz-Carlton Development Company, Inc.
Date: August 10, 2017
Docket Number: SCWC-12-0000819
Libero v. State
Date: August 10, 2017
Docket Number: SCWC-16-0000528
Narayan v. Marriott International, Inc.
Date: August 9, 2017
Docket Number: SCAP-13-0003607
Narayan v. The Ritz-Carlton Development Company, Inc.
Date: August 9, 2017
Docket Number: SCWC-12-0000819
Nakamoto v. Kawauchi
Date: August 9, 2017
Docket Number: SCWC-13-0004947
Bank of New York Mellon v. R. Onaga, Inc.  
Date: August 3, 2017
Docket Number: SCWC-14-0000426

Justia Opinion Summary: An appeal of an order confirming sale is moot when the appellant does not post a supersedeas bond to obtain a stay of the proceedings prior to the sale of the property to a bona fide purchaser. In this case R. Onaga, I...

State v. Russo
Date: August 1, 2017
Docket Number: SCWC-14-0000986
Kawashima v. State
Date: July 27, 2017
Docket Number: CAP-15-0000462
Kawashima v. State
Date: July 27, 2017
Docket Number: SCAP-15-0000462
Deutsche Bank National Trust Company v. Kozma
Date: July 25, 2017
Docket Number: SCWC-16-0000025
EY v. DY
Date: July 25, 2017
Docket Number: SCWC-16-0000724
The Trustees of the Estate of Bernice Pauahi Bishop v. Au
Date: July 21, 2017
Docket Number: SCWC-15-0000466
State v. Loher  
Date: July 20, 2017
Docket Number: SCAP-24489

Justia Opinion Summary: The circuit court erred when it restricted Defendant during his criminal trial in deciding whether and when in the course of presenting his defense he should take the stand, in violation of his constitutional privilege a...

Disciplinary Board v. John S. Carroll
Date: July 19, 2017
Docket Number: SCPR-17-0000460
Trustees of the Estate of Bernice Pauahi Bishop v. Trader
Date: July 19, 2017
Docket Number: SCPW-17-0000455
Palama v. Medeiros
Date: July 18, 2017
Docket Number: SCWC-12-0000932
Fresch v. Kanui
Date: July 18, 2017
Docket Number: SCWC-13-0000129
Nath v. The Ritz-Carlton Hotel Company, L.L.C.
Date: July 14, 2017
Docket Number: SCAP-13-0002732
Narayan v. Marriott International, Inc.
Date: July 14, 2017
Docket Number: SCAP-13-0003607
Narayan v. Ritz-Carlton Development Co.  
Date: July 14, 2017
Docket Number: SCWC-12-0000819

Justia Opinion Summary: The Supreme Court affirmed its decision in Narayan I, in which the court held that Plaintiffs, a group of individual condominium owners, could not be compelled to arbitrate claims arising from the financial breakdown of...

Office of Disciplinary Counsel v. Luke
Date: July 11, 2017
Docket Number: SCAD-16-0000834
State v. Arkin
Date: July 11, 2017
Docket Number: SCWC-14-0000517
Stout v. Board of Trustees of the Employees' Retirement System  
Date: July 10, 2017
Docket Number: SCAP-15-0000582

Justia Opinion Summary: Plaintiff, a member of the Employees' Retirement System of the State of Hawai'i (ERS), challenged the denial of "service-connected disability retirement" benefits after she was shot while serving as a public summer schoo...

In re Michelsen’s
Date: July 10, 2017
Docket Number: SCPR-17-0000475
State v. Anzalone
Date: July 10, 2017
Docket Number: SCWC-15-0000935
Waikiki v. Ho'omaka Village
Date: July 10, 2017
Docket Number: SCWC-16-0000011
In re Michelsen’s
Date: July 7, 2017
Docket Number: SCPR-17-0000475
Hawaiian Dredging Construction Company, Inc. v. Fujikawa Associates Inc.
Date: July 7, 2017
Docket Number: SCWC-14-0000842
Preble v. State
Date: July 6, 2017
Docket Number: SCWC-14-0000531
State v. Hamilton
Date: July 3, 2017
Docket Number: SCWC-15-0000870
Disciplinary Board v. John S. Carroll
Date: June 30, 2017
Docket Number: SCPR-17-0000460
Fresch v. Kanui
Date: June 30, 2017
Docket Number: SCWC-13-0000129
National Interstate Insurance Company, Inc. v. Reinhardt
Date: June 30, 2017
Docket Number: SCWC-14-0001066
State v. Eager  
Date: June 30, 2017
Docket Number: SCWC-14-0001079

Justia Opinion Summary: A defendant’s failure to take prescription medication does not constitute self-induced intoxication under Haw. Rev. Stat. 702-230, which precludes the defendant from relying on the defense of lack of penal responsibility...

State v. Hamilton
Date: June 30, 2017
Docket Number: SCWC-15-0000870
Waikiki v. Ho'omaka Village Ass'n  
Date: June 30, 2017
Docket Number: SCWC-16-0000011

Justia Opinion Summary: Petitioner applied for certiorari review of the ICA's order dismissing her appeal from an unfavorable summary judgment order. The Supreme Court of Hawai'i vacated the dismissal order because all claims against all partie...

State v. Kim  
Date: June 29, 2017
Docket Number: SCWC-14-0000833

Justia Opinion Summary: After a jury trial, Defendant was found guilty of criminal trespassing in the first degree, terroristic threatening in the second degree, and assault in the third degree. Defendant appealed, arguing that the circuit cour...

State v. Nakamitsu  
Date: June 29, 2017
Docket Number: SCWC-14-0001151

Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) vacating Defendant’s conviction for operating a vehicle under the influence of an intoxicant (OVUII) in violation of Haw. Rev. Stat. 291E...

Kawashima v. State, Department of Education  
Date: June 28, 2017
Docket Number: SCAP-15-0000462

Justia Opinion Summary: In these consolidated cases (Garner and Kawashima), the Supreme Court held that the circuit court erred in determining that Regulation 5203 was a Haw. Rev. Stat. chapter 91 rule and in granting summary judgment in favor...

Office of Disciplinary Counsel v. Collins
Date: June 27, 2017
Docket Number: SCAD-15-0000709
Office of Disciplinary Counsel v. Agmata
Date: June 27, 2017
Docket Number: SCAD-17-0000410
O’Grady v. State
Date: June 22, 2017
Docket Number: SCAP-14-0001363
State v. Nelson  
Date: June 21, 2017
Docket Numbers: SCWC-12-0001040, SCWC-12-0001041, SCWC-12-0001042, SCWC-12-0001043, SCWC-12-0001044, SCWC-12-0001045, SCWC-12-0001046, SCWC-12-0001047

Justia Opinion Summary: In eight separate criminal cases, International Fidelity Insurance Company issued eight separate powers of attorney (POAs) to either Ida Peppers of Freedom Bail Bond or Charles Fisher of AAA Local Bail Bonds to execute a...

State v. McGhee  
Date: June 21, 2017
Docket Number: SCWC-14-0001217

Justia Opinion Summary: The Supreme Court reversed Defendant’s conviction of committing the offense of terroristic threatening in the second degree, rendered after a bench trial. On appeal, Defendant argued that his substantial rights were viol...

Birano v. State
Date: June 21, 2017
Docket Number: SCWC-15-0000841
Libero v. State
Date: June 21, 2017
Docket Number: SCWC-16-0000528
Akau v. State
Date: June 20, 2017
Docket Number: SCWC-13-0003754
Quin'ley v. State
Date: June 20, 2017
Docket Number: SCWC-16-0000332
State v. Yang
Date: June 16, 2017
Docket Number: SCWC-12-0000588
Narayan v. Ass'n of Apartment Owners of Kapalua Bay Condominium  
Date: June 15, 2017
Docket Number: SCAP-16-0000588

Justia Opinion Summary: Appellants, a group of individual condominium owners in the Kapulua Bay condominium, challenged the vote of the Association of Apartment Owners of Kapulua Bay Condominium to convert the residential community into a hotel...

In re Trust Created Under the Will of Samuel M. Damon  
Date: June 15, 2017
Docket Number: SCWC-12-0000731

Justia Opinion Summary: Christopher Haig and Myrna Murdoch, two beneficiaries of a testamentary trust created under the will of Samuel Damon, objected to the probate court’s approval of the trust’s accounts from 1999 to 2003. The intermediate c...

State v. Acacio  
Date: June 15, 2017
Docket Number: SCWC-13-0000132

Justia Opinion Summary: The circuit court deprived Defendant of his right to confront and cross-examine the complaining witness (CW) as to her bias and motive by limiting the CW’s testimony on the subject of Defendant’s immigration status and w...

State v. Ichimura
Date: June 15, 2017
Docket Number: SCWC-13-0000396
In re Ishida-Waiakamilo Legacy Trust  
Date: June 15, 2017
Docket Number: SCWC-13-0000449

Justia Opinion Summary: This case arose from the administration of two irrevocable trusts (together, the trusts) established by Richard and Rachel Ishida. The trusts named as beneficiaries the Ishidas’ daughters Jeri Wilson and Juney Ishida and...

State v. Kong  
Date: June 15, 2017
Docket Number: SCWC-15-0000066

Justia Opinion Summary: The intermediate court of appeals (ICA) erred in concluding that a challenge to the erroneous inclusion of prior convictions in a PSI cannot be brought on a Hawai'i Rules of Penal Procedure Rule 35 motion for post-convic...

ZH v. CH
Date: June 15, 2017
Docket Number: SCWC-15-0000771
Office of Disciplinary Counsel v. Kauka
Date: June 13, 2017
Docket Number: SCAD-17-0000379
Office of Disciplinary Counsel v. Kawauchi
Date: June 13, 2017
Docket Number: SCAD-17-0000428
Gabriel v. Island Pacific Academy, Inc.  
Date: June 13, 2017
Docket Number: SCAP-15-0000912

Justia Opinion Summary: Under the circumstances of this case, it was unconscionable to require an employee to pay half the estimated arbitration costs up front in order to access the arbitral forum, and therefore, the requirement was unenforcea...

Gillum v. State, Department of Human Services
Date: June 13, 2017
Docket Number: SCWC-14-0000801
State v. Ayau
Date: June 13, 2017
Citation: 139 Haw. 296
Docket Number: SCWC-14-0001053
State v. Erum
Date: June 13, 2017
Docket Number: SCWC-15-0000131
Yamano v. Kobayashi
Date: June 13, 2017
Citation: 139 Haw. 474
Docket Number: SCWC-16-0000398
State v. Erum
Date: June 9, 2017
Docket Number: SCWC-15-0000131
Office of Disciplinary Counsel v. Carpenter-Asui
Date: June 8, 2017
Docket Number: SCAD-17-0000365
State v. Engelby
Date: June 8, 2017
Docket Number: SCWC-15-0000724
O’Grady v. State  
Date: June 7, 2017
Docket Number: SCAP-14-0001363

Justia Opinion Summary: Plaintiffs filed a negligence action against the State and the State Department of Transportation (collectively, the State) after a rockfall occurred on the state highway on which Plaintiffs were driving and a boulder st...

In re Oyarzo
Date: June 7, 2017
Docket Number: SCPR-17-0000412
Hilango v. Nagata
Date: June 7, 2017
Docket Number: SCPW-17-0000341
State v. Engelby
Date: June 7, 2017
Docket Number: SCWC-15-0000724
H. Isabelle McGarry Trust v. Hofelich
Date: June 7, 2017
Docket Number: SCWC-16-0000518
U.S. Bank N.A. v. Mattos  
Date: June 6, 2017
Docket Number: SCWC-14-0001134

Justia Opinion Summary: This appeal arose from a judicial decree of foreclosure granted in favor of U.S. Bank N.A. (Plaintiff) and against Joseph and Chanelle Meneses (Defendants). The intermediate court of appeals (ICA) affirmed the judgment o...

In re Moore
Date: June 5, 2017
Docket Number: SCPR-17-0000423
State v. Davis
Date: June 2, 2017
Docket Number: SCWC-12-0001121
Marten v. Bissen
Date: May 31, 2017
Docket Number: SCPW-17-0000337
State v. Tsujimura  
Date: May 31, 2017
Docket Number: SCWC-14-0001302

Justia Opinion Summary: At issue in this case was the question that the Supreme Court left open in State v. Mainaaupo, 178 P.3d 1 (Haw. 2008): whether the right to remain silent attaches rearrest and, if so, in what manner and to what extent ma...

State v. Lonzaga
Date: May 31, 2017
Docket Number: SCWC-15-0000572
State v. Johnson
Date: May 31, 2017
Docket Number: SCWC-15-0000680
Sigwart v. Office of David B. Rosen  
Date: May 26, 2017
Docket Number: SCAP-13-0005253

Justia Opinion Summary: Plaintiffs filed a complaint against Attorney alleging that Attorney failed properly to advertise and conduct non-judicial foreclosure sales of their properties in violation of duties under Plaintiffs’ mortgages, statuto...

Yukumoto v. Tawarahara  
Date: May 26, 2017
Docket Number: SCAP-15-0000460

Justia Opinion Summary: Health insurers do not have a broad, unrestricted right of subrogation against third-party tortfeasors who cause injury to their insureds but, rather, are limited to reimbursement rights established by statute. In this...

State v. Trinque  
Date: May 25, 2017
Docket Number: SCWC-12-0001017

Justia Opinion Summary: The circuit court excluded three statements that Defendant made to the police, concluding that the first and second statements were unlawfully elicited from Defendant because they were obtained prior to the police appris...

State v. Choy Foo
Date: May 23, 2017
Docket Number: SCWC-13-0000636
State v. Choy Foo
Date: May 22, 2017
Docket Number: SCWC-13-0000636
State v. Erum  
Date: May 19, 2017
Docket Number: SCWC-15-0000131

Justia Opinion Summary: The Supreme Court vacated the judgment of the District Court of the Fifth Circuit finding Defendant guilty of simple trespass and harassment, holding that the record on appeal did not indicate a valid waiver of counsel....

State v. Bovee  
Date: May 18, 2017
Docket Number: SCWC-14-0001047

Justia Opinion Summary: Defendant and his codefendant were charged with methamphetamine trafficking in the second degree. The Supreme Court reversed Defendant’s conviction, holding that the circuit court erred in instructing the jury on the off...

Kuhio Ebbtide Development, Inc. v. Barker
Date: May 17, 2017
Docket Number: SCWC-13-0005374
Certified Construction, Inc. v. Crawford
Date: May 17, 2017
Docket Number: SCWC-14-0001160
Collins v. Association of Apartment Owners of Kemoo by the Lake
Date: May 17, 2017
Docket Number: SCWC-16-0000766
County of Kauai v. Hanalei River Holdings Limited  
Date: May 16, 2017
Docket Number: SCWC-14-0000828

Justia Opinion Summary: Court had discretion to permit government-condemnor to withdraw a portion of deposit of estimated just compensation. Three parcels of privately-owned property were condemned for a public park. In the owner’s appeal, th...

Selvage v. Moire  
Date: May 15, 2017
Docket Number: SCWC-11-0001060

Justia Opinion Summary: The Supreme Court remanded this divorce case to the family court, holding that the family court erred in failing to identify equitable considerations that could have justified deviating from the partnership model when th...

State v. Curtis  
Date: May 15, 2017
Docket Number: SCWC-12-0000133

Justia Opinion Summary: An anticipatory search warrant must, on its face, identify the triggering condition on the face of the warrant to be valid. Petitioners were charged with drug offenses based on evidence seized in a search conducted purs...

State v. Davis  
Date: May 15, 2017
Docket Number: SCWC-12-0001121

Justia Opinion Summary: The Supreme Court vacated Defendant’s conviction for operating or assuming actual physical control of a vehicle with .08 or more grams of alcohol per 210 liters of breath, holding that the district court erred in admitti...

Research Institute for Hawaii. USA v. Bate
Date: May 10, 2017
Docket Number: SCAP-15-0000783
State v. Collins  
Date: May 10, 2017
Docket Number: SCWC-13-0002691

Justia Opinion Summary: In this summary disposition order, the Supreme Court affirmed Defendant’s conviction for resisting arrest but reversed Defendant’s conviction for burglary in the second degree. The court held that the intermediate court...

State v. Mancia
Date: May 10, 2017
Docket Number: SCWC-14-0000794
State v. Bailey
Date: May 10, 2017
Docket Number: SCWC-15-0000575
State v. Mancia
Date: May 9, 2017
Docket Number: SCWC-14-0000794
State v. Bailey
Date: May 9, 2017
Docket Number: SCWC-15-0000575
State v. Meyer
Date: May 5, 2017
Docket Number: SCWC-15-0000862
State v. Wagner  
Date: May 4, 2017
Docket Number: SCWC-13-0000056

Justia Opinion Summary: Defendant was convicted of one count of methamphetamine trafficking in the first degree and two counts of prohibited acts related to drug paraphernalia. The circuit court imposed a mandatory minimum term of thirteen year...

National Interstate Insurance Company, Inc. v. Reinhardt
Date: May 3, 2017
Docket Number: SCWC-14-0001066
Office of Disciplinary Counsel v. Kaiama
Date: May 2, 2017
Docket Number: SCAD-16-0000522
Office of Disciplinary Counsel v. Kaiama
Date: May 1, 2017
Docket Number: SCAD-16-0000522
Disciplinary Board of the Hawaii Supreme Court v. Schleindl
Date: May 1, 2017
Docket Number: SCAD-17-0000333
State v. Nicol
Date: April 27, 2017
Docket Number: SCWC-16-0000681
State v. Joshua
Date: April 27, 2017
Docket Number: SCWC-16-0000800
Wright v. Miyake Concrete Accessories, Inc.
Date: April 24, 2017
Docket Number: SCWC-13-0003274
Hasircoglu v. FOPCO, Inc.  
Date: April 21, 2017
Docket Number: SCWC-13-0002064

Justia Opinion Summary: John Hasircoglu was an employee of a subcontractor to FOPCO, Inc., the general contractor on a tunnel construction project on Molokai. In response to a request by the State, FOPCO identified Donald Clark and Michael Este...

State v. Scalera  
Date: April 21, 2017
Docket Number: SCWC-14-0001060

Justia Opinion Summary: Defendant was arrested for operating a vehicle under the influence of an intoxicant. Before he decided whether to submit to alcohol concentration testing, Defendant was affirmatively advised that he was not entitled to a...

In re IL
Date: April 21, 2017
Docket Number: SCWC-16-0000446
State v. Bovee
Date: April 18, 2017
Docket Number: SCWC-14-0001047
RT Import, Inc. v. Torres  
Date: April 13, 2017
Docket Number: SCWC-14-0000970

Justia Opinion Summary: RT Import Inc. filed a complaint against Jesus and Mila Torres seeking damages for merchandise allegedly misdelivered by WFS to the Torreses, which was then converted by the Torreses. RT Import and the Torreses agreed to...

Office of Disciplinary Counsel v. Grant
Date: April 12, 2017
Docket Number: SCAD-17-0000138
P.O. v. J.S.  
Date: April 6, 2017
Docket Number: SCWC-15-0000048

Justia Opinion Summary: Child was born to Mother and Father. Mother filed a petition for paternity. Father and Mother entered into a stipulated agreement regarding custody, visitation, and child support. In 2011, Mother and Father reduced Fathe...

State v. Lawrence
Date: April 4, 2017
Docket Number: SCWC-14-0000378
State v. Nakayama
Date: April 4, 2017
Docket Number: SCWC-15-0000691
State v. Kong
Date: March 24, 2017
Citation: 139 Haw. 274
Docket Number: SCWC-15-0000066
Motoyama v. State, Department of Transportation
Date: March 22, 2017
Docket Number: SCWC-13-0000168
State v. Yang  
Date: March 20, 2017
Docket Number: SCWC-12-0000588

Justia Opinion Summary: Defendant was convicted of Counts VI and VIII in violation of Haw. Rev. Stat. 709-906(1) and (5). The Intermediate Court of Appeals (ICA) affirmed, ruling (1) regarding Count VI, the self-defense and defense of others ju...

DeMarco v. Maui Beach Resort Limited Partnership
Date: March 20, 2017
Docket Number: SCWC-15-0000907
In re Reford
Date: March 17, 2017
Docket Number: SCPR-17-0000100
In re Ikuma
Date: March 17, 2017
Docket Number: SCPR-17-0000101
Maugaotega v. State of Hawaii, Department of Public Safety
Date: March 17, 2017
Docket Number: SCPW-17-0000097
Kaopua v. Murakami
Date: March 16, 2017
Docket Number: SCPW-16-0000589
Kaopua v. Murakami
Date: March 15, 2017
Docket Number: SCPW-16-0000589
State v. Jenkins
Date: March 15, 2017
Docket Number: SCWC-13-0003839
State v. Collins
Date: March 13, 2017
Docket Number: SCWC-13-0002691
State v. Mancia
Date: March 10, 2017
Docket Number: SCWC-14-0000794
Chin v. Wailuku Main Street Association
Date: March 7, 2017
Docket Number: SCWC-15-0000677
Onewest Bank v. Wegesend
Date: March 7, 2017
Docket Number: SCWC-15-0000882
State v. Guity
Date: March 3, 2017
Docket Number: SCWC-12-0000287
State v. Guity
Date: March 3, 2017
Docket Number: SCWC-12-0000827
State v. Ramirez
Date: March 3, 2017
Docket Number: SCWC-15-0000657
Brutsch v. Brutsch  
Date: March 2, 2017
Docket Number: SCWC-12-0000703

Justia Opinion Summary: This case arose from a divorce proceeding between Husband and Wife. At issue in this appeal was Husband’s cross-appeal, in which he argued that the family court erred in failing to award him any Category 3 credit for gif...

Hyland v. Gonzales  
Date: March 2, 2017
Docket Number: SCWC-15-0000053

Justia Opinion Summary: Lanric Hyland appealed from a county clerk decision to the local board of registration for the County of Hawaii. The local board determined that Hyland mailed his appeal within ten days of service of the county clerk’s d...

State v. Doo
Date: March 2, 2017
Docket Number: SCWC-15-0000449
State v. Bruce
Date: March 1, 2017
Docket Number: SCWC-15-0000439
State v. Teale  
Date: February 28, 2017
Docket Number: SCWC-12-0001077

Justia Opinion Summary: After a trial, Defendant was found guilty of disorderly conduct. The district court sentenced Defendant to six months of probation, seventy-five hours of community service, and $105 in fees and assessments. Defendant app...

Bank of America, N.A. v. Reyes-Toledo  
Date: February 28, 2017
Docket Number: SCWC-15-0000005

Justia Opinion Summary: Bank of America, N.A. filed a complaint seeking to foreclose on Homeowner’s property. Homeowner asserted numerous defenses, including that the Bank was not the lawful holder of the note and mortgage and therefore was not...

State v. Stapp
Date: February 28, 2017
Docket Number: SCWC-15-0000696
Hungate v. Rosen  
Date: February 27, 2017
Docket Number: SCAP-13-00005234

Justia Opinion Summary: At issue in this case was a non-judicial foreclosure conducted pursuant to Haw. Rev. Stat. Chapter 667 Part I, which was repealed by the legislature by Act 182. Russell Hungate, the property owner, filed a complaint and...

Bank of New York Mellon v. Mazerik
Date: February 24, 2017
Docket Number: SCWC-14-0001100
Duru v. Office of Disciplinary Counsel
Date: February 21, 2017
Docket Number: SCAD-16-0000563
Bagnas v. Department of Public Safety
Date: February 21, 2017
Docket Number: SCPW-16-0000874
Pogoso v. Sarae
Date: February 21, 2017
Docket Number: SCWC-12-0000402
Office of Disciplinary Counsel v. Luke
Date: February 17, 2017
Docket Number: SCAD-16-0000834
Office of Disciplinary Counsel v. Sibilia
Date: February 17, 2017
Docket Number: SCAD-16-0000843
Batalona v. State
Date: February 16, 2017
Docket Number: SCWC-15-0000569
State v. Vaimili
Date: February 14, 2017
Docket Number: SCWC-14-0000557
United Public Workers, AFSCME, Local 646, AFL-CIO v. Houghton
Date: February 14, 2017
Docket Number: SCWC-15-0000420
Hugo Parker, LLP v. Nishimura
Date: February 13, 2017
Docket Number: SCPW-16-0000818
Tate Andale, Inc. v. Nishimura
Date: February 13, 2017
Docket Number: SCPW-16-0000819
State v. Nelson
Date: February 3, 2017
Docket Number: SCWC-12-0001040
State v. Combes
Date: February 3, 2017
Docket Number: SCWC-14-0001139
Cornelio v. State
Date: February 3, 2017
Docket Number: SCWC-15-0000743
State v. Birnbaum
Date: February 2, 2017
Docket Number: SCWC-15-0000518
Batalona v. State
Date: February 2, 2017
Docket Number: SCWC-15-0000569
Flubacher v. State
Date: February 1, 2017
Docket Number: SCWC-15-0000363
Kline v. Acoba
Date: January 30, 2017
Docket Number: SCPW-16-0000321
Ogeone v. Castagnetti
Date: January 27, 2017
Docket Number: SCPW-17-0000018
Rozembersly v. Hawaii Bar Commission
Date: January 27, 2017
Docket Number: SCPW-17-000005
Indymac Venture, LLC v. Hilliard
Date: January 27, 2017
Docket Number: SCWC-13-0001701
Rozembersky v. Hawaii Bar Commission
Date: January 26, 2017
Docket Number: SCPW-17-0000005
Goran Pleho, LLC v. Lacy
Date: January 26, 2017
Docket Number: SCWC-12-0000025
Office of Disciplinary Counsel v. Landry
Date: January 23, 2017
Docket Number: SCAD-16-0000112
Grande v. Eng
Date: January 20, 2017
Docket Number: CAAP-13-0000097
RT Import, Inc. v. Torres
Date: January 20, 2017
Docket Number: SCWC-14-0000970
State v. Pacquing
Date: January 18, 2017
Docket Number: SCAP-14-0001205
State v. Fukuoka
Date: January 18, 2017
Docket Number: SCWC-15-0000461
Office of Disciplinary Counsel v. Ostendorp
Date: January 17, 2017
Docket Number: SCAD-15-0000081
State v. Hillis
Date: January 13, 2017
Docket Number: SCWC-15-0000482
Title Guaranty Escrow Services, Inc. v. Wailea Resort Company, Ltd.
Date: January 12, 2017
Docket Number: SCWC-12-0000711
State v. Aquino
Date: January 12, 2017
Docket Number: SCWC-14-0000505
Office of Disciplinary Counsel v. Martinez
Date: January 5, 2017
Docket Number: SCAD-16-0000523
SPD II Makaiwa Resort Development, LLC v. Case
Date: January 5, 2017
Docket Number: SCPW-16-0000856
State v. Niles
Date: January 3, 2017
Docket Number: SCWC-15-0000450
The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.