Supreme Court of Hawaii Decisions 2018

In re Liska
Date: December 31, 2018
Docket Number: SCPR-18-0000957
Molokai Services Incorporated v. Hodgins
Date: December 28, 2018
Docket Number: SCWC-15-0000464
Sakal v. Association of Apartment Owners of Hawaiian Monarch
Date: December 28, 2018
Docket Number: SCWC-15-0000529
In re Martin-Clarke Rasp
Date: December 27, 2018
Docket Number: SCPR-18-0000945[ORD]
In re Martin-Clarke Rasp
Date: December 27, 2018
Docket Number: SCPR-18-0000945
In re Steinberg
Date: December 27, 2018
Docket Number: SCPR-18-0000952
McKenna v. Association of Apartment Owners of Elima Lani
Date: December 27, 2018
Docket Number: SCWC-16-0000284
State v. Abihai
Date: December 27, 2018
Docket Number: SCWC-17-0000546
Copperfield v. McDonald
Date: December 26, 2018
Docket Number: SCWC-17-0000527
In re Bumbera
Date: December 24, 2018
Docket Number: SCPR-18-0000938
Peer News LLC v. City & County of Honolulu  
Date: December 21, 2018
Docket Number: SCAP-16-0000114

Justia Opinion Summary: In this case concerning the propriety of State and local agencies withholding certain officer communications when disclosure is requested by a member of the public, the Supreme Court vacated the grant of summary judgment...

In re Beljean
Date: December 21, 2018
Docket Number: SCPR-18-0000901
State v. Hernandez  
Date: December 21, 2018
Docket Number: SCWC-15-0000067

Justia Opinion Summary: The Supreme Court vacated Defendant’s conviction and remanded this case to the district court, holding that Defendant’s right of allocution was violated when the district court did not afford him the opportunity to be he...

State v. Galvan
Date: December 21, 2018
Docket Number: SCWC-17-0000196
City & County of Honolulu v. State  
Date: December 20, 2018
Docket Number: SCPW-18-0000733

Justia Opinion Summary: In this opinion, the Supreme Court elaborated as to its reason declaring invalid the ballot question authored by the state legislature that would approve an amendment granting the State the authority to impose a surcharg...

In re R Children
Date: December 20, 2018
Docket Number: SCWC-16-0000441
State v. Benitez
Date: December 19, 2018
Docket Number: SCWC-17-0000143
Nationstar Mortgage LLC v. Kanahele
Date: December 14, 2018
Docket Number: SCWC-16-0000319
State v. Benitez
Date: December 14, 2018
Docket Number: SCWC-17-0000143
State v. Wakamoto  
Date: December 13, 2018
Docket Number: SCWC-16-0000873

Justia Opinion Summary: The Supreme Court vacated the judgment of the Intermediate Court of Appeals (ICA) and the district court’s notice of entry of judgment convicting Defendant of operating a vehicle under the influence of an intoxicant (OVU...

Title Guaranty Escrow Services, Inc. v. Wailea Resort Company, Ltd.
Date: December 12, 2018
Docket Number: SCWC-14-0001138
McGee v. Campaign Spending Commission
Date: December 12, 2018
Docket Number: SCWC-15-0000705
MS v. EM
Date: December 12, 2018
Docket Number: SCWC-18-0000212
State v. Domut
Date: December 11, 2018
Docket Number: SCWC-16-0000402
State v. Albert
Date: December 11, 2018
Docket Number: SCWC-17-0000025
In re Contested Case Hearing on the Water Use Permit Application Originally Filed by Kukui, Inc.  
Date: December 10, 2018
Docket Number: SCOT-17-0000184

Justia Opinion Summary: In this water use case, the Supreme Court affirmed the decision of the State of Hawaii Commission on Water Resource Management (Commission) concluding that Appellants waived the right to proceed on the contested case, ho...

Ekins-Coward v. Ayabe
Date: December 5, 2018
Docket Number: SCPW-18-0000652
Field v. The National Collegiate Athletic Association
Date: December 5, 2018
Docket Number: SCWC-15-0000663
State v. Udo
Date: December 4, 2018
Docket Number: SCWC-16-0000793
In re Contested Case Hearing re Conservation District Use Application
Date: November 30, 2018
Docket Number: SCOT-17-0000777
In Re Nagaue
Date: November 30, 2018
Docket Number: SCPR-18-0000891
In re Contested Case Hearing re Conservation District Use Application
Date: November 29, 2018
Docket Number: SCOT-17-0000777
In re Contested Case Hearing re Conservation District Use Application
Date: November 29, 2018
Docket Number: SCOT-17-0000812
Iyonsi v. Wal-Mart Incorporation
Date: November 29, 2018
Docket Number: SCOT-18-0000896
Estate of Frey v. Mastroianni
Date: November 29, 2018
Docket Number: SCWC-14-0001030
In re Trust Agreement dated June 6, 1974
Date: November 29, 2018
Docket Number: SCWC-15-0000632
State v. Comeau
Date: November 28, 2018
Docket Number: SCPW-18-0000820
State v. Sasai
Date: November 28, 2018
Docket Number: SCWC-15-0000865
State v. Williams
Date: November 28, 2018
Docket Number: SCWC-17-0000226
Stucky v. Takeno
Date: November 26, 2018
Docket Number: SCWC-14-0001019
State v. Paulmier
Date: November 23, 2018
Docket Number: SCWC-15-0000381
State v. Young
Date: November 23, 2018
Docket Number: SCWC-17-0000055
Kaopua v. Kollar
Date: November 21, 2018
Docket Number: SCPW-18-0000889
Libero v. State
Date: November 21, 2018
Docket Number: SCWC-17-0000624
Field v. National Collegiate Athletic Ass’n  
Date: November 20, 2018
Docket Number: SCWC-15-0000663

Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming the circuit court’s order and granting summary judgment for Defendant in this case arising out of the uncompleted sale of one bu...

State v. Torres
Date: November 20, 2018
Docket Number: SCWC-16-0000673
State v. Luster
Date: November 19, 2018
Docket Number: SCWC-17-0000664
Rouse v. Walden
Date: November 16, 2018
Docket Number: SCWC-17-0000373
State v. Pasene
Date: November 15, 2018
Docket Number: SCWC-15-0000156
State v. Punio  
Date: November 15, 2018
Docket Number: SCWC-17-0000343

Justia Opinion Summary: The Supreme Court vacated the decision of the intermediate court of appeals’ (ICA) affirming the circuit court’s “Order Denying Application of Surety Providing Good Cause as to Why Execution Should Not Issue as to Judgme...

Kalaeloa Ventures, LLC v. City and County of Honolulu
Date: November 14, 2018
Docket Number: SCAP-17-0000482
HawaiiUSA Federal Credit Union v. Monalim
Date: November 14, 2018
Docket Number: SCWC-16-0000807
In re Contested Case Hearing re Conservation District Use Application
Date: November 9, 2018
Docket Number: SCOT-17-0000777 (CDUA) HA-3568 for the Thirty Meter Telescope at the Mauna Kea Science Reserve (Dissenting Opinion by Wilson, J.).S.Ct. Order Dismissing Appeal for Non-Payment of Filing Fee, filed 01/04/2018 [ada]. Temple of Lono’s Motion to SetAside Dismissal for Non-Payment of Filing Fees, filed 01/08/2018.S.Ct.Order Granting Motion to Set Aside Dismissal for Non-Payment of Filing Fee, filed 01/12/2018 [ada].Consolidated with Case Nos. SCOT-17-0000811 and SCOT-17-0000812. S.Ct. Opinion, filed 10/30/2018 [ada].Opinion Concurring in Part and Concurring in the Judgment by Pollack, J., in which Wilson, J., Joins as to Parts I-III [ada]. Notice [ada].S.Ct. Order of Correction, filed 11/05/2018 [ada]. Board of Land and Natural Resources
In reVillarreal
Date: November 9, 2018
Docket Number: SCPR-18-0000793
Chavez v. Wong
Date: November 9, 2018
Docket Number: SCPW-18-0000823
Rita v. State  
Date: November 8, 2018
Docket Number: SCWC-15-0000150

Justia Opinion Summary: The Supreme Court vacated the intermediate court of appeals’ (ICA) judgment on appeal and remanded to the circuit court to hold a Hawai’i Rules of Penal Procedure (HRPP) Rule 40 evidentiary hearing on Petitioner’s claim...

In re Application for the Reinstatement of Miller
Date: November 7, 2018
Docket Number: SCAD-10-0000226
Bikle v. District Court Judges of Hilo
Date: November 7, 2018
Docket Number: SCPW-18-0000806
Title Guaranty Escrow Services, Inc. v. Waialea Resort Company, Ltd.
Date: November 7, 2018
Docket Number: SCWC-12-0000711
In re Contested Case Hearing re Conservation District Use Application
Date: November 5, 2018
Docket Number: SCOT-17-0000777
LC v. MG
Date: November 2, 2018
Docket Number: SCAP-16-0000837
Gordon v. Maesaka-Hirata  
Date: November 2, 2018
Docket Number: SCWC-14-0000914

Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming judgment in favor of Defendants, holding that Plaintiff was subjected to unlawful pretrial punishment when he was held in solit...

State v. Sasai
Date: November 2, 2018
Docket Number: SCWC-15-0000865
Kelepolo v. Fernandez
Date: November 2, 2018
Docket Number: SCWC-18-0000138
In re Contested Case Hearing re Conservation District Use Application  
Date: October 30, 2018
Docket Numbers: SCOT-17-0000777, SCOT-17-0000811, SCOT-17-0000812 (CDUA) HA-3568 for the Thirty Meter Telescope at the Mauna Kea Science Reserve (Opinion of the Court by McKenna, J., in which Pollack, J., Joins Except as to Part V.C.1) Opinion Concurring in Part and Concurring in the Judgment by Pollack, J., in which Wilson, J., Joins as to Parts I-III [ada]. Board of Land and Natural Resources

Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Land and Natural Resources (BLNR) authorizing issuance of a Conservation District Use permit (CDUP) for a Thirty Meter Telescope (TMT) near the summit of Mauna Kea,...

State v. Sasai  
Date: October 29, 2018
Docket Number: SCWC-15-0000865

Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) vacating the district court’s order dismissing with prejudice Petitioners’ charges of one count of prostitution under Haw. Rev. Stat. 712-...

Office of Disciplinary Counsel v. Lehman
Date: October 25, 2018
Docket Number: SCAD-18-0000597
State v. Jones
Date: October 24, 2018
Docket Number: SCWC-15-0000559
In re Kamakawiwoole
Date: October 23, 2018
Docket Number: SCPR-18-0000757
City and County of Honolulu v. State
Date: October 19, 2018
Docket Number: SCPW-18-0000733
In re Tani
Date: October 17, 2018
Docket Number: SCPR-18-0000752
Wagner v. Hiraoka
Date: October 17, 2018
Docket Number: SCPW-18-0000670
Adams v. Hawaii Medical Service Association
Date: October 17, 2018
Docket Number: SCWC-15-0000396
State v. Abrigo
Date: October 17, 2018
Docket Number: SCWC-17-0000087
Bank of America, N.A. v. Reyes-Toledo
Date: October 15, 2018
Docket Number: SCWC-15-0000005
Dodd v. Hall
Date: October 11, 2018
Docket Number: SCPW-18-0000651
Ogeone v. Crabtree
Date: October 10, 2018
Docket Number: SCPW-18-0000750
State v. Punio
Date: October 10, 2018
Docket Number: SCWC-17-0000343
Bank of America, N.A. v. Reyes-Toledo  
Date: October 9, 2018
Docket Number: SCWC-15-0000005

Justia Opinion Summary: The Supreme Court expressly rejected the Twombly/Iqbal “plausibility” pleading standard in this case and reaffirmed that in Hawai’i state courts, the traditional “notice” pleading standard governs. On the first appeal b...

Kodama v. Administrative Director of the Courts
Date: October 9, 2018
Docket Number: SCWC-16-0000146
Bennett v. Chung  
Date: October 9, 2018
Docket Number: SCWC-16-0000784

Justia Opinion Summary: At issue was whether the time to file a motion to vacate an arbitration award is limited by the opposing party’s filing of a motion to confirm and how an order denying a motion to vacate an arbitration award can properly...

Libero v. State
Date: October 8, 2018
Docket Number: SCWC-17-0000624
Citimortgage, Inc. v. Pregana
Date: October 5, 2018
Docket Number: SCWC-18-0000130
LC v. MG  
Date: October 4, 2018
Docket Number: SCAP-16-0000837

Justia Opinion Summary: In this dispute over the parentage of a child, the Supreme Court held that both the Uniform Parentage Act (UPA) and Hawaii’s Marriage Equality Act demonstrate that the UPA’s marital presumption of paternity applies equal...

Deutsche Bank National Trust Company v. Greenspon
Date: October 4, 2018
Docket Number: SCWC-14-0001137
State v. Inenaga
Date: October 2, 2018
Docket Number: SCWC-16-0000388
Daysog v. Browning
Date: October 1, 2018
Docket Number: SCPW-18-0000543
State v. Hopu
Date: October 1, 2018
Docket Number: SCWC-17-0000210
State v. Higa
Date: October 1, 2018
Docket Number: SCWC-17-0000544
State v. Shinsato
Date: October 1, 2018
Docket Number: SCWC-17-0000603
State v. Horvath
Date: September 28, 2018
Docket Number: SCWC-17-0000349
Office of Disciplinary Counsel v. Agard
Date: September 27, 2018
Docket Number: SCAD-13-0006297
Birthdaysuit v. Gangnes
Date: September 27, 2018
Docket Number: SCPW-18-0000724
State v. Lavoie
Date: September 26, 2018
Docket Number: SCWC-15-0000643
Ocean Resort Villas Vacation Owners Association v.County of Maui
Date: September 18, 2018
Docket Number: SCAP-18-0000578
Deutsche Bank National Trust Co. v. Greenspon  
Date: September 17, 2018
Docket Number: SCWC-14-0001137

Justia Opinion Summary: At issue on appeal was whether a motion for sanctions may be dismissed without prejudice when the underlying facts and issues allegedly establishing the sanctionable conduct are also at issue in another pending case invo...

State v. Lee-Kwai
Date: September 14, 2018
Docket Number: SCWC-17-0000346
In Re Manion
Date: September 11, 2018
Docket Number: SCPR-18-0000671
In Re Nedelman
Date: September 11, 2018
Docket Number: SCPR-18-0000673
State v. Pattioay
Date: September 11, 2018
Docket Number: SCWC-17-0000465
Hanes v. Gangnes
Date: September 10, 2018
Docket Number: SCPW-18-0000466
State v. DeLeon  
Date: September 7, 2018
Docket Number: SCWC-15-0000655

Justia Opinion Summary: The Supreme Court vacated the judgments of the Intermediate Court of Appeals and circuit court finding that Defendant was the first aggressor in a late-night confrontation and the subsequent denial of Defendant’s request...

State v. Himan
Date: September 7, 2018
Docket Number: SCWC-16-0000566
State v. Yokota  
Date: September 5, 2018
Docket Number: SCWC-16-0000006

Justia Opinion Summary: The Supreme Court affirmed the judgment of the Intermediate Court of Appeals (ICA) concluding that the circuit court erred in granting Defendant’s motion to dismiss his charge of theft as a continuing course of conduct a...

State v. Ganitano
Date: September 4, 2018
Docket Number: SCWC-16-0000684
Jane & John Doe Voters 1-47 v. Cachola  
Date: August 31, 2018
Docket Number: SCEC-18-0000654

Justia Opinion Summary: In this election contest, the Supreme Court dismissed Plaintiffs’ second amended complaint against Romy Cachola, one of two Democratic Party candidates for the Office of State Representative, and Chief Election Officer S...

State v. Visintin  
Date: August 31, 2018
Docket Number: SCWC-14-0000391

Justia Opinion Summary: In this constitutional speedy trial challenge, the Supreme Court remanded the case for dismissal with or without prejudice as the trial court determines to be appropriate under the court rules and set forth applicable le...

Birano v. State  
Date: August 31, 2018
Docket Number: SCWC-15-0000841

Justia Opinion Summary: The Supreme Court vacate the circuit court’s order denying Petitioner’s petition for postconviction relief, holding that credible testimony during Petitioner’s postconviction hearing clearly indicated that an arrangement...

Scher v. Ching
Date: August 30, 2018
Docket Number: SCPW-18-0000569
Dural v. State
Date: August 28, 2018
Docket Number: SCWC-13-0003694
State v. Weldon
Date: August 28, 2018
Docket Number: SCWC-14-0001042
Kim v. Ige  
Date: August 27, 2018
Docket Number: SCEC-18-0000639

Justia Opinion Summary: In this primary election challenge, the Supreme Court ordered that the name of David Y. Ige be placed on the ballot as the Democratic Party candidate for the Office of Governor for the 2018 general election, holding that...

Kim v. State  
Date: August 27, 2018
Docket Number: SCEC-18-0000650

Justia Opinion Summary: In this election contest, the Supreme Court entered judgment in favor of Defendants ordering that the name of David Y. Ige be placed on the ballot as the Democratic Party candidate for the Office of Governor for the 2018...

Quel v. Board of Trustees, Employees’ Retirement System of Hawai'i
Date: August 27, 2018
Docket Number: SCWC-16-0000355
State v. Kahana
Date: August 27, 2018
Docket Number: SCWC-17-0000359
Yamamoto v. Chee
Date: August 22, 2018
Docket Number: SCWC-16-0000260
In re Conrad
Date: August 21, 2018
Docket Number: SCPR-18-0000606
Molokai Services Incorporated v. Hodgins
Date: August 20, 2018
Docket Number: SCWC-15-0000464
Thompson v. ACO Sarkissian et al.
Date: August 15, 2018
Docket Number: SCPW-18-0000567
Thompson v. ACO Sarkissian et al.
Date: August 15, 2018
Docket Number: SCPW-18-0000568
Polumbo v. Gomes
Date: August 15, 2018
Docket Number: SCWC-13-0003145
Grindling v. State
Date: August 15, 2018
Docket Number: SCWC-16-0000474
Rapozo v. County of Kauai
Date: August 13, 2018
Docket Number: SCWC-18-0000336
Flores v. Board of Land & Natural Resources  
Date: August 8, 2018
Docket Number: SCAP-17-0000059

Justia Opinion Summary: The Supreme Court held that the Board of Land and Natural Resources (BLNR) was not required to hold a contested case hearing prior to consenting to a sublease that the University of Hawai’i intended to enter into with TM...

State v. Young
Date: August 7, 2018
Docket Number: SCWC-17-0000054
Hanes v. Gangnes
Date: August 6, 2018
Docket Number: SCPW-18-0000466
Kaopua v. Mendes
Date: August 2, 2018
Docket Number: SCPW-18-0000426
The Bank of New York Mellon v. Chee
Date: July 31, 2018
Docket Number: SCWC-17-0000248
W.N. v. S.M.  
Date: July 30, 2018
Docket Number: SCAP-17-0000539

Justia Opinion Summary: In this custody dispute, the Supreme Court held that the family court erred in not holding a further hearing to ascertain whether W.N. was presently a fit and proper person as required to establish a prima facie entitlem...

Taylor v. The Kahala Hotel Investors, LLC
Date: July 30, 2018
Docket Number: SCWC-17-0000512
Kalaeloa Ventures, LLC v. City & County of Honolulu  
Date: July 27, 2018
Docket Number: SCAP-17-0000482

Justia Opinion Summary: The Supreme Court held that the tax court erred in determining that the timeliness of an appeal of real property tax assessments was determined by county ordinance and not state law. Appellant filed a notice of appeal t...

State v. Tulensa
Date: July 25, 2018
Docket Number: SCWC-15-0000492
Rouse v. Walden
Date: July 19, 2018
Docket Number: SCWC-17-0000373
Miller v. Waioli Corporation
Date: July 18, 2018
Citation: 141 Haw. 501
Docket Number: SCWC-15-0000334
Marks v. State
Date: July 17, 2018
Docket Number: SCAP-16-0000337
In Re Thomas P. Rack
Date: July 17, 2018
Docket Number: SCPR-18-0000525
State v. Wilson
Date: July 17, 2018
Docket Number: SCWC-16-0000212
State v. Fleming
Date: July 16, 2018
Docket Number: SCWC-14-0000987
Nguyen v. Yanagi
Date: July 16, 2018
Docket Number: SCWC-15-0000030
Gaeta v. West Maui Resort Partners, LP
Date: July 16, 2018
Docket Number: SCWC-16-0000805
State v. Cash
Date: July 11, 2018
Docket Number: SCWC-15-0000493
Taylor v. Omeechevarria
Date: July 11, 2018
Docket Number: SCWC-17-0000442
Office of Disciplinary Counsel v. Kleinsmith
Date: July 10, 2018
Docket Number: SCAD-18-0000323
Cervelli v. Aloha Bed & Breakfast
Date: July 10, 2018
Docket Number: SCWC-13-0000806
Matsukawa v. Kim
Date: July 9, 2018
Docket Number: SCPW-18-0000496
State v. Uchima
Date: July 5, 2018
Docket Number: SCWC-17-0000081
Office of Disciplinary Counsel v. Rhodes
Date: July 2, 2018
Docket Number: SCAD-18-0000194
State v. Austin  
Date: June 29, 2018
Docket Number: SCAP-14-0000935

Justia Opinion Summary: The Supreme Court vacated in part the circuit court’s judgment, guilty conviction, and sentence, holding that Defendant’s extended sentence of life imprisonment without the possibility of parole violated the ex post fact...

Kawakami v. Kahala Hotel Investors, LLC  
Date: June 29, 2018
Docket Number: SCWC-11-0000594

Justia Opinion Summary: The Supreme Court vacated the judgment of the Intermediate Court of Appeals (ICA) affirming the circuit court’s grant of judgment as a matter of law (JMOL) and reinstated the circuit court’s grant of partial summary judg...

Preble v. State  
Date: June 29, 2018
Docket Number: SCWC-14-0000531

Justia Opinion Summary: The Supreme Court held in this criminal case that pursuant to its recent decision in Flubacher v. State, 414 P.3d 161 (Haw. 2018), Petitioner was entitled to relief under Hawai’i Rules of Penal Procedure (HRPP) Rule 40....

Marks v. State  
Date: June 28, 2018
Docket Number: SCAP-16-0000337

Justia Opinion Summary: The Supreme Court held that Appellant’s extended term sentence was imposed in an illegal manner and, accordingly, vacated the circuit court’s order denying Appellant’s motion for correction of illegal sentence with regar...

In re FG  
Date: June 28, 2018
Docket Number: SCAP-17-0000639

Justia Opinion Summary: The Supreme Court vacated the family court’s order in this Hawaii Revised Statutes Chapter 587A Child Protective Act (CPA) proceeding arising from the death of Parents’ three-year-old child, FG, who died while in foster...

In re Kuamoo  
Date: June 28, 2018
Docket Number: SCWC-13-0001579

Justia Opinion Summary: At issue was whether an unwritten policy of the Department of Public Safety precluding from promotion to supervisory positions all employees who have been suspended for violation of the Department’s standards of conduct...

Batalona v. State  
Date: June 28, 2018
Docket Number: SCWC-16-0000428

Justia Opinion Summary: At issue was whether the Intermediate Court of Appeals’ (ICA) judgment on appeal, entered pursuant to its memorandum opinion affirming the circuit court’s order granting in part and denying in part Appellant’s petition f...

State v. Chatman
Date: June 28, 2018
Docket Number: SCWC-16-0000429
Ibbetson v. Kaiawe  
Date: June 27, 2018
Docket Number: SCWC-14-0001352

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the judgment of the intermediate court of appeals (ICA) affirming the circuit court’s grant of summary judgment for Respondent as to all counts in Petitioner’s count...

State v. Magbulos
Date: June 21, 2018
Docket Number: SCWC-14-0001337
State v. Visintin
Date: June 20, 2018
Docket Number: SCWC-14-0000391
Fuche Corporation, Inc. v. Leung
Date: June 18, 2018
Docket Number: SCWC-15-0000406
Hanes v. Gangnes
Date: June 15, 2018
Docket Number: SCPW-18-0000466
Wells Fargo Bank, N.A. v. Omiya  
Date: June 15, 2018
Docket Number: SCWC-13-0000133

Justia Opinion Summary: At issue was whether a certificate of title was entered when a deed was accepted by the Office of the Assistant Registrar of the Land Court and stamped with a new certificate of title number. Plaintiff-mortgagor brought...

Pasco v. Board of Trustees of the Employees’ Retirement System
Date: June 15, 2018
Docket Number: SCWC-13-0003629
Pele Defense Fund v. Department of Land and Natural Resources
Date: June 14, 2018
Docket Number: SCWC-14-0001033
Stonecrest Acquisitions, LLC v. Rundgren
Date: June 14, 2018
Docket Number: SCWC-17-0000031
State v. Wilson
Date: June 13, 2018
Docket Number: SCWC-15-0000682
State v. Bukoski
Date: June 13, 2018
Docket Number: SCWC-17-0000233
State v. Dykas
Date: June 13, 2018
Docket Number: SCWC-17-0000352
Hawaiian Dredging Construction Co. v. Fujikawa Associates, Inc.  
Date: June 8, 2018
Docket Number: SCWC-14-0000842

Justia Opinion Summary: Haw. Rev. Stat. 386-8, which governs a third party’s liability for workers’ compensation, provides the exclusive remedy for an employer to recover workers’ compensation benefits from a third-party tortfeasor. An employe...

LCP-Maui, LLC v. Tucker
Date: June 8, 2018
Docket Number: SCWC-15-0000109
Century Campus Housing Management, L.P. v. Elda Hana, LLC
Date: June 8, 2018
Docket Number: SCWC-15-0000470
Grube v. Trader  
Date: June 5, 2018
Docket Number: SCPW-17-0000927

Justia Opinion Summary: In this case regarding Petitioner’s request to access judicial records and documents related to a circuit court criminal proceeding, the Supreme Court ordered that the circuit court unseal the documents and that Petition...

Pasco v. Board of Trustees of the Employees’ Retirement System
Date: June 4, 2018
Docket Number: SCWC-13-0003629
State v. Souza
Date: June 1, 2018
Docket Number: SCWC-13-0002043
Prescott v. To’oto’o
Date: May 30, 2018
Docket Number: SCPW-18-0000415
State v. Souza  
Date: May 30, 2018
Docket Number: SCWC-13-0002043

Justia Opinion Summary: The Supreme Court vacated the judgment of the circuit court refusing to accept Tracy Souza’s offer to stipulate to his prior felony conviction, which constituted an element of an offense with which he was charged. Souza...

Pasco v. Board of Trustees of the Employees’ Retirement System
Date: May 29, 2018
Docket Number: SCWC-13-0003629
State v. Visintin
Date: May 25, 2018
Docket Number: SCWC-14-0000391
Kuahiwinui v.Zelo’s Inc.
Date: May 24, 2018
Docket Number: SCWC-13-0001803
Plaintiff v. Defendant
Date: May 23, 2018
Docket Number: SCWC-16-0000200
Pasco v. Board of Trustees of the Employees’ Retirement System  
Date: May 22, 2018
Docket Number: SCWC-13-0003629

Justia Opinion Summary: The intermediate court of appeals (ICA) did not err in ruling that an injury suffered by Plaintiff that arose while she worked as a Public Health Educator IV for the State Department of Health (DOH) resulted from an “acc...

Rita v. State
Date: May 22, 2018
Docket Number: SCWC-15-0000150
State v. Baker
Date: May 22, 2018
Docket Number: SCWC-16-0000115
Malulani Group, Ltd. v. Kaupo Ranch, LTD  
Date: May 21, 2018
Docket Number: SCAP-16-0000508

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s grant of partial summary judgment to Plaintiff on remand from a decision by the intermediate court of appeals (ICA) in Plaintiff’s favor on two issues relating to the existe...

Ogeone v. Crabtree
Date: May 21, 2018
Docket Number: SCPW-18-0000406
State v. Underwood  
Date: May 21, 2018
Docket Number: SCWC-15-0000446

Justia Opinion Summary: The Supreme Court vacated Defendant’s convictions for unlawful imprisonment in the second degree and abuse of family or household members, holding that the prosecutor’s statements during closing argument amounted to an u...

CompUSA Stores, L.P. v. State  
Date: May 18, 2018
Docket Number: SCAP-15-0000861

Justia Opinion Summary: Hawaii’s use tax, Haw. Rev. Stat. 238-2, does not violate the Commerce Clause of the United States Constitution notwithstanding that the 2004 amendment to the statute eliminated the application of the tax to in-state unl...

Battad v. Hoshino
Date: May 18, 2018
Docket Number: SCPW-18-0000155
State v. White
Date: May 17, 2018
Docket Number: SCWC-15-0000491
State v. Ui  
Date: May 16, 2018
Docket Number: SCWC-15-0000402

Justia Opinion Summary: The Supreme Court reiterated its holding in State v. Murray, 169 P.3d 955, 964 (2007), that a trial court must engage a defendant in an on-the-record colloquy to ensure the defendant is intelligently, knowingly, and volu...

Baker v. Galuteria
Date: May 16, 2018
Docket Number: SCWC-16-0000045
Radmilovich v. The Bank of New York Mellon
Date: May 10, 2018
Docket Number: SCAP-17-0000035
Ryan v. Herzog  
Date: May 9, 2018
Docket Number: SCWC-13-0000595

Justia Opinion Summary: In the second appeal regarding this Landlord-Tenant dispute involving the eviction of Tenant from Landlord’s condominium, the intermediate court of appeals (ICA) failed adequately to address the district court’s denial o...

Kupahu v. Castagnetti
Date: May 8, 2018
Docket Number: SCPW-18-0000371
Nakamoto v. Kawauchi  
Date: May 8, 2018
Docket Number: SCWC-13-0004947

Justia Opinion Summary: Employees may bring defamation and false light claims against their employer because the Workers’ Compensation Law’s (WCL) bar on claims for injuries incurred in the course of employment does not extend to injuries to a...

Field v. The National Collegiate Athletic Association
Date: May 7, 2018
Docket Number: SCWC-15-0000663
State v. Davila
Date: May 4, 2018
Docket Number: SCWC-16-0000801
In re Stephens
Date: May 3, 2018
Docket Number: SCPR-18-0000333
Shaganenko v. Yamauchi
Date: May 2, 2018
Docket Number: SCWC-15-0000807
Huang v. Kromer
Date: May 1, 2018
Docket Number: SCWC-17-0000662
State v. Sado
Date: April 30, 2018
Docket Number: SCWC-15-0000201
Medeiros v. Choy.  
Date: April 26, 2018
Docket Number: SCWC-13-0003500

Justia Opinion Summary: In January 2007, Choy rear-ended Jiminez's vehicle, pushing that vehicle forward, so that it hit the rear of a vehicle driven by Aggasid. Medeiros testified that she was helping Aggasid transport a patient to a doctor’s...

Harrison v. Casa De Emdeko, Inc.  
Date: April 26, 2018
Docket Number: SCWC-15-0000744

Justia Opinion Summary: Harrison, an owner of two commercial apartments within a mixed-use development project managed by Casa, sued, alleging she was improperly assessed for expenses that should have been charged only to residential apartment...

State v. Long
Date: April 26, 2018
Docket Number: SCWC-16-0000014
Leas v. Ching
Date: April 24, 2018
Docket Number: SCPW-18-0000325
Nozawa v. Operating Engineers Local Union No. 3  
Date: April 24, 2018
Docket Number: SCWC-14-0000021

Justia Opinion Summary: Haw. R. Civ. P. 56O(e) does not preclude an affidavit from being self-serving, nor does it require an affidavit to be corroborated by independent evidence. Further, an affidavit is conclusory if it expresses a conclusion...

State v. Moses
Date: April 23, 2018
Docket Number: SCWC-15-0000499
State v. Ji
Date: April 23, 2018
Docket Number: SCWC-16-0000024
DJ v. CJ
Date: April 19, 2018
Docket Number: SCWC-17-0000027
In re Murch
Date: April 18, 2018
Docket Number: SCPR-18-0000299
The Trustees of the Estate of Bernice Pauahi Bishop v. Au
Date: April 18, 2018
Docket Number: SCWC-15-0000466
State v. Charles
Date: April 18, 2018
Docket Number: SCWC-17-0000036
Joshua v. Ayabe
Date: April 16, 2018
Docket Number: SCPW-18-0000249
State v.Gallagher
Date: April 13, 2018
Docket Number: SCWC-14-0001300
Nguyen v. Yanagi
Date: April 13, 2018
Docket Number: SCWC-15-0000030
State v. Celestine  
Date: April 12, 2018
Docket Number: SCWC-14-0000335

Justia Opinion Summary: The Supreme Court vacated Defendant’s conviction for operating a vehicle under the influence of an intoxicant, holding that the record did not support a conclusion that Defendant’s waiver of the right to testify at trial...

State v. Lucas
Date: April 10, 2018
Docket Number: SCWC-17-0000039
State v. Jenkins
Date: April 10, 2018
Docket Number: SCWC-17-0000350
Ke Kailani Partners, LLC v. Ke Kailani Development LLC
Date: April 6, 2018
Docket Number: SCWC-12-0000070
Ogeone v. Crabtree
Date: April 4, 2018
Docket Number: SCPW-18-0000162
State v. Williander  
Date: April 4, 2018
Docket Number: SCWC-15-0000759

Justia Opinion Summary: The circuit court erred in failing to continue trial because of the unavailability of a defense witness. Defendant was found guilty of second degree robbery. On the first day of his trial, defendant moved to continue be...

State v. Bond
Date: April 4, 2018
Docket Number: SCWC-15-0000875
Ke Kailani Development, LLC v. Ke Kailani Partners, LLC
Date: April 3, 2018
Docket Number: SCOT-18-0000086
State v. Cruz
Date: April 3, 2018
Docket Number: SCWC-12-0000477
Calipjo v. Purdy
Date: April 3, 2018
Docket Number: SCWC-14-0001305
State v. Kanoa
Date: April 3, 2018
Docket Number: SCWC-16-0000109
State v. Pitolo
Date: March 22, 2018
Docket Number: SCWC-16-0000413
Flubacher v. State  
Date: March 21, 2018
Docket Number: SCWC-15-0000363

Justia Opinion Summary: Hawaii’s extended term sentencing scheme was invalid based on the holding in Apprendi v. New Jersey, 530 U.S. 466 (2000), because the sentencing scheme allowed a judge, rather than a jury, to determine facts that resulte...

Wells Fargo Bank v. Erum
Date: March 21, 2018
Docket Number: SCWC-15-0000742
Castro v. Melchor
Date: March 20, 2018
Docket Number: SCWC-12-0000753
State v. Soares
Date: March 20, 2018
Docket Number: SCWC-16-0000878
Franco v. Reinhardt
Date: March 20, 2018
Docket Number: SCWC-17-0000666
Batalona v. State  
Date: March 19, 2018
Docket Number: SCWC-15-0000569

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the judgment of the intermediate court of appeals (ICA) ruling that some of the grounds of Albert Batalona’s post-conviction petition raised colorable claims for rel...

State v. Deleon
Date: March 19, 2018
Docket Number: SCWC-15-0000655
State v. Choy Foo  
Date: March 16, 2018
Docket Number: SCWC-13-0000636

Justia Opinion Summary: The circuit court correctly ruled that this criminal case must be dismissed because Defendant’s Hawai’i Rules of Penal Procedure Rule 48 rights had been violated where the twenty-one day period between Defendant’s arraig...

Wells Fargo Bank, N.A. v. Behrendt  
Date: March 15, 2018
Docket Number: SCAP-16-0000645

Justia Opinion Summary: A purchaser of property that is subject to a mortgage to which the purchaser is not a party may challenge a foreclosing plaintiff’s entitlement to enforce the note. Karen Zakarian executed a promissory note secured by a...

In re contested case hearing re conservation district use application
Date: March 15, 2018
Docket Number: SCOT-17-0000705
State v. Kealoha  
Date: March 15, 2018
Docket Number: SCWC-14-0001195

Justia Opinion Summary: Because restitution is part of the “maximum penalty provided by law” and is a direct consequence of conviction, defendants must be appropriately advised and questioned in open court regarding their understanding of this...

Castro v. Melchor  
Date: March 13, 2018
Docket Number: SCWC-12-0000753

Justia Opinion Summary: The estate of a viable fetus can recover for loss of enjoyment of life - also known as “hedonic” - damages. Plaintiff, an inmate, alleged that the actions of correctional officers and the subsequent failure of medical p...

Villaver v. Sylva
Date: March 12, 2018
Docket Number: SCWC-14-0001086
WP v. MS
Date: March 12, 2018
Docket Number: SCWC-15-0000699
Office of Disciplinary Counsel v. Adams
Date: March 7, 2018
Docket Number: SCAD-17-0000163
In re Chong
Date: February 28, 2018
Docket Number: SCPR-18-0000085
In re Estate of Camacho
Date: February 27, 2018
Docket Number: SCWC-13-0003397
State v. Matuu
Date: February 27, 2018
Docket Number: SCWC-16-0000571
State v. Joseph
Date: February 27, 2018
Docket Number: SCWC-16-0000715
In ReMcCarty
Date: February 26, 2018
Docket Number: SCPR-18-0000069
Nelson v. Hawaiian Homes Commission
Date: February 21, 2018
Docket Number: SCAP-16-0000496
Eleson v. State
Date: February 21, 2018
Docket Number: SCPW-17-0000591
State v. McDaniel  
Date: February 21, 2018
Docket Number: SCWC-14-0001105

Justia Opinion Summary: The Supreme Court vacated the intermediate court of appeal’s (ICA) order dismissing Appellant’s appeal for lack of appellate jurisdiction and remanded this case to the ICA for further proceedings because the record did n...

In re Estate of Cary Thornton v. Yee
Date: February 16, 2018
Docket Number: SCWC-16-0000669
State v. Dowling
Date: February 16, 2018
Docket Number: SCWC-16-0000809
Bank of America v. Yee
Date: February 16, 2018
Docket Number: SCWC-17-0000425
Kromer v. State
Date: February 15, 2018
Docket Number: SCPW-18-0000078
Kromer v. State
Date: February 14, 2018
Docket Number: SCPW-18-0000078
Kohatsu v. State Farm Mutual Automobile Insurance Company
Date: February 14, 2018
Docket Number: SCWC-14-0000872
State v. Underwood
Date: February 14, 2018
Docket Number: SCWC-15-0000446
State v. Anzalone  
Date: February 14, 2018
Docket Number: SCWC-15-0000935

Justia Opinion Summary: In this criminal case in which Defendant pleaded no contest to one count of custodial interference in the first degree, the family court erred in ordering Defendant to reimburse the State for the costs of her extradition...

In re contested case hearing re conservation district use application
Date: February 13, 2018
Docket Number: SCOT-17-0000811
Ibbetson v. Kaiawe
Date: February 13, 2018
Docket Number: SCWC-14-0001352
Nelson v. Hawaiian Homes Commission  
Date: February 9, 2018
Docket Number: SCAP-16-0000496

Justia Opinion Summary: The circuit court erred by engaging in a comprehensive inquiry into the amount the Department of Hawaiian Home Lands (DHHL) actually needed for its administrative and operating expenses. In the first appeal in this case...

In re Cowles
Date: February 7, 2018
Docket Number: SCPR-18-0000014
In reKuwahara
Date: February 6, 2018
Docket Number: SCPR-18-0000013
Satoafaiga v. Loo
Date: February 5, 2018
Docket Number: SCPW-18-0000042
Conner v. Kobayashi
Date: February 5, 2018
Docket Number: SCPW-18-0000049
State v. Wilhelm
Date: February 2, 2018
Docket Number: SCWC-16-0000313
State v. Cisneros
Date: February 2, 2018
Docket Number: SCWC-16-0000592
State v. Kaneaikala
Date: February 2, 2018
Docket Number: SCWC-16-0000647
Scholes v. Kawaguchi
Date: February 1, 2018
Docket Number: SCWC-15-0000577
Onewest Bank, F.S.B. v. Forsberg
Date: February 1, 2018
Docket Number: SCWC-15-0000889
Honolulu Civil Beat Inc. v. Honolulu Civil Service Commission
Date: January 31, 2018
Docket Number: SCPW-17-0000906
Villegas v. Garibaldi
Date: January 31, 2018
Docket Number: SCPW-18-0000039
State v. Wakamoto
Date: January 29, 2018
Docket Number: SCWC-16-0000873
Office of Disciplinary Counsel v. Kawauchi
Date: January 25, 2018
Docket Number: SCAD-17-0000428
Dela Cruz v. Quemado  
Date: January 23, 2018
Docket Number: SCWC-14-0000916

Justia Opinion Summary: In this negligence case, the circuit court abused its discretion in entering default against Defendant and in refusing to set aside the entry of default. In addition, the circuit court erred in sua sponte dismissing Peti...

Perales v. California State Treasurer’s Office
Date: January 22, 2018
Docket Number: SCOT-18-0000020
Office of Disciplinary Counsel v. Richards
Date: January 18, 2018
Docket Number: SCAD-18-0000015
State v. Eduwensuyi  
Date: January 18, 2018
Docket Number: SCWC-16-0000558

Justia Opinion Summary: The Supreme Court vacated Defendant’s conviction for operating a vehicle under the influence of an intoxicant, holding that the record did not support a conclusion that Defendant’s waiver of the right to testify was volu...

In re contested case hearing re conservation district use application
Date: January 12, 2018
Docket Number: SCOT-17-0000811
Maddox v. State
Date: January 10, 2018
Docket Number: SCWC-14-0001108
Trustees of the Estate of Bernice Pauahi Bishop v. Au
Date: January 10, 2018
Docket Number: SCWC-17-0000508
Domingo v. Terrado
Date: January 9, 2018
Docket Number: SCPW-17-0000886
KL v. Nagata
Date: January 9, 2018
Docket Number: SCPW-17-0000891
Grandinetti v. Department of Public Safety
Date: January 9, 2018
Docket Number: SCPW-17-0000907
Kim v. Kim
Date: January 8, 2018
Docket Number: SCWC-16-0000002
In re MM
Date: January 8, 2018
Docket Number: SCWC-16-0000661
In reMM
Date: January 8, 2018
Docket Number: SCWC-16-0000662
In re Lee
Date: January 5, 2018
Docket Number: SCPR-17-0000910
In re contested case hearing re conservation district use application
Date: January 4, 2018
Docket Number: SCOT-17-0000811
State v. Rackley
Date: January 4, 2018
Docket Number: SCWC-15-0000919
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