Supreme Court of Hawaii Decisions 2019
Date: December 24, 2019
Docket Number: SCWC-14-0001138
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the judgment of the intermediate court of appeals (ICA) in this litigation concerning a dispute arising from a 1999 contract regarding the sale of approximately…
Date: December 20, 2019
Docket Number: SCWC-17-0000829
Justia Opinion Summary: The Supreme Court overruled State v. Hamili, 952 P.2d 390 (1998), which held that prohibited fishing with gill nets was a nonprobationable offense, holding that the underlying offenses at issue in this case were…
Date: December 17, 2019
Docket Number: SCAP-16-0000830
Justia Opinion Summary: The Supreme Court vacated Defendant's conviction of attempted murder in the second degree arising from the stabbing of Defendant's friend, holding that the jury's discovery of "stains" during an improper examination of…
Date: December 17, 2019
Docket Number: SCWC-16-0000004
Justia Opinion Summary: At issue was whether Defendant could be convicted of homicide if the victim's death was the immediate result of the victim's family's choice to withdraw medical care. The Supreme Court vacated Defendant's conviction of…
Date: December 16, 2019
Docket Number: SCWC-16-0000793
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming Defendant's conviction and sentence, holding that the deputy prosecuting attorney (DPA) improperly referenced a pathologist's…
Date: December 16, 2019
Docket Number: SCWC-18-0000010
Date: December 13, 2019
Docket Number: SCAP-17-0000823
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court modifying and affirming the decision of the Zoning Board of Appeals, which affirmed the decision of the Director of the City and County of Honolulu Department of…
Date: December 13, 2019
Docket Number: SCWC-16-0000351
Justia Opinion Summary: The Supreme Court reversed the judgment of the intermediate court of appeals (ICA) affirming the judgment of the circuit court dismissing John Doe's appeal from a ruling of the Department of the Attorney General (AG),…
Date: December 13, 2019
Docket Number: SCWC-16-0000441
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) on appeal affirming the family court's termination of Father's parental rights, holding that the ICA erred in substituting a provision of…
Date: December 13, 2019
Docket Number: SCWC-16-0000692
Justia Opinion Summary: The Supreme Court vacated the judgment on appeal of the intermediate court of appeals (ICA) to the extent that it affirmed the circuit court's order of resentencing and revocation of probation, holding that the ICA…
Date: December 13, 2019
Docket Number: SCWC-17-0000656
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) reversing the judgment of the circuit court granting Defendant's motion to suppress evidence gathered from a search of Defendant's…
Date: December 13, 2019
Docket Number: SCWC-18-0000010
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) and the order of the family court in this case concerning the proper consideration and weight of a hānai relationship in the context of a…
Date: December 12, 2019
Docket Number: SCWC-18-0000350
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeal (ICA) and the circuit court's judgment of conviction and sentence, holding that the circuit court erred in denying Defendant's motion to dismiss…
Date: December 4, 2019
Docket Number: SCPW-19-0000827
Date: December 4, 2019
Docket Number: SCWC-15-0000949
Date: November 27, 2019
Docket Number: SCWC-15-0000960
Date: November 25, 2019
Docket Number: SCWC-16-0000071
Date: November 25, 2019
Docket Number: SCWC-17-0000419
Justia Opinion Summary: In this criminal case, the Supreme Court vacated the sentence set forth in the circuit court judgment and affirmed by the intermediate court of appeals (ICA) and otherwise affirmed the lower courts' judgments, holding…
Date: November 22, 2019
Docket Number: SCWC-15-0000643
Justia Opinion Summary: The Supreme Court vacated Defendant's convictions of murder in the second degree, carrying or use of a firearm in the commission of a separate felony, ownership or possession prohibited of any firearm, and place to keep…
Date: November 21, 2019
Docket Number: SCWC-13-0001803
Justia Opinion Summary: he Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) reversing the judgment of the circuit court granting summary judgment to Defendant in this dram shop action, holding that there were…
Date: November 18, 2019
Docket Number: SCAP-16-0000686
Justia Opinion Summary: The Supreme Court held in this case that the governor was permitted to make an interim appointment when the term of an official who is statutorily permitted to holdover expires and the senate is not in session. Michael…
Date: November 18, 2019
Docket Number: SCWC-19-0000345
Date: November 14, 2019
Docket Number: SCWC-17-0000317
Date: November 13, 2019
Docket Number: SCCQ-17-0000474
Justia Opinion Summary: The Supreme Court answered three modified questions certified to it by the United States District Court for the District of Hawai'i in a federal court lawsuit where a grantor asserted that an escrow company's alleged…
Date: November 13, 2019
Docket Number: SCWC-16-0000235
Date: November 13, 2019
Docket Number: SCWC-17-0000849
Date: November 12, 2019
Docket Number: SCWC-16-0000668
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) determining that the State's complaint was sufficient and sustaining that the State's "golden rule" objection, holding that the complaint…
Date: November 8, 2019
Docket Number: SCWC-16-0000858
Justia Opinion Summary: In this case involving $537,000 in excess foreclosure sale proceeds the Supreme Court vacated the judgment of the intermediate appellate court (ICA) and the circuit court's final judgment in favor of Respondents, holding…
Date: November 7, 2019
Docket Number: SCWC-16-0000090
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 order denying Petitioner's petition to vacate, set aside, or correct judgment…
Date: October 29, 2019
Docket Number: SCWC-14-0000933
Justia Opinion Summary: The Supreme Court vacated Defendant's conviction and remanded the case for further proceedings, holding that the trial court erred in determining that Defendant's confession was voluntarily made despite an interrogating…
Date: October 24, 2019
Docket Number: SCWC-15-0000632
Justia Opinion Summary: In this appeal arising from a 2014 petition by the Bank of Hawai'i (BOH) to resign as trustee for a trust comprised of several parcels of land underlying the Discovery Bay condominium complex in Waikiki, the Supreme…
Date: October 18, 2019
Docket Number: SCWC-17-0000620
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming the judgment of the district court accepting Defendant's pleas of no contest to open lewdness and disorderly conduct, holding…
Date: October 17, 2019
Docket Number: SCAD-19-0000539
Date: October 1, 2019
Docket Number: SCWC-16-0000647
Justia Opinion Summary: In this case concerning the admissibility of a suggestive eyewitness or show-up identification, the Supreme Court set forth new rules and because the holdings apply only prospectively to events occurring after…
Date: September 30, 2019
Docket Number: SCWC-15-0000396
Justia Opinion Summary: The Supreme Court reversed the judgment of the intermediate court of appeals (ICA) affirming the judgment of the circuit court that there were not genuine issues of material fact regarding whether Defendant, Hawaii…
Date: September 27, 2019
Docket Number: SCWC-16-0000568
Date: September 18, 2019
Docket Number: SCWC-17-0000032
Date: September 16, 2019
Docket Number: SCOT-18-0000593
Date: September 10, 2019
Docket Number: SCWC-17-0000851
Date: August 29, 2019
Docket Number: SCWC-19-0000095
Date: August 26, 2019
Docket Number: SCWC-17-0000386
Justia Opinion Summary: The Supreme Court reversed the judgment of the intermediate court of appeals (ICA) reversing Defendant's conviction of harassment and affirmed the district court's judgment, holding that Defendant's harassment conviction…
Date: August 23, 2019
Docket Number: SCAP-18-0000432
Justia Opinion Summary: The Supreme Court affirmed the trial court's determination that the State breached its constitutional trust duties by failing reasonably to monitor or inspect trust land at issue in this case, holding that an essential…
Date: August 13, 2019
Docket Number: SCAP-16-0000475
Justia Opinion Summary: In this suit filed by a mother living on the island of Lana'i and her two school-age daughters, the Supreme Court held that the State was constitutionally required to make all reasonable efforts to provide access to…
Date: August 9, 2019
Docket Number: SCWC-15-0000859
Date: July 25, 2019
Docket Number: SCWC-15-0000354
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction for assault in the second degree, holding that Defendant's constitutional right to confrontation was violated when the circuit court refused to allow cross-examination of…
Date: July 24, 2019
Docket Number: SCOT-19-0000044
Date: July 16, 2019
Docket Number: SCWC-17-0000145
Date: July 15, 2019
Docket Number: SCWC-18-0000659
Date: July 9, 2019
Docket Number: SCWC-16-0000681 (Order Rejecting Application for Writ of Certiorari).ICA Order Dismissing the Appeal for Lack of Appellate Jurisdiction, filed 01/11/2017 [ada]. Application for Writ of Certiorari, filed 03/13/2017. S.Ct. Order Accepting Application for Writ of Certiorari, filed 04/27/2017 [ada].S.Ct. Opinion, filed 08/30/2017 [ada],140 Haw. 482.ICA s.d.o., filed 02/25/2019 [ada], 144 Haw. 62.Application for Writ of Certiorari, filed 05/28/2019. Circuit Court, 1st Circuit
Date: July 5, 2019
Docket Number: SCWC-14-0001135
Date: July 3, 2019
Docket Number: SCWC-14-0001135
Date: July 3, 2019
Docket Number: SCWC-17-0000055
Justia Opinion Summary: The Supreme Court vacated the decision of the intermediate court of appeals (ICA) affirming the circuit court's judgment of conviction and probation sentence in favor of the State and vacated the circuit court's judgment…
Date: June 28, 2019
Docket Number: SCWC-14-0001042
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) vacating the circuit court's order granting Defendant's motion to suppress, holding that the police lacked reasonable suspicion to seize…
Date: June 28, 2019
Docket Number: SCWC-16-0000571
Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) on appeal that affirmed the circuit court's judgment of conviction and sentence convicting Defendant of assault in the first degree,…
Date: June 28, 2019
Docket Number: SCWC-17-0000087
Justia Opinion Summary: The Supreme Court vacated Defendant's conviction, holding that litigants may not utilize another hearsay exception as an alternative to bypass the restrictions contained in the public records hearsay exception. While an…
Date: June 28, 2019
Docket Number: SCWC-17-0000674
Justia Opinion Summary: The Supreme Court vacated Defendant's conviction for operating a vehicle under the influence of an intoxicant, holding that the district court erroneously advised Defendant with regard to his right to testify in the…
Date: June 27, 2019
Docket Number: SCAP-17-0000899
Date: June 26, 2019
Docket Number: SCAP-17-0000899 Circuit Court, 1st Circuit
Justia Opinion Summary: In this case alleging violations of Hawaii's Sunshine Law, Haw. Rev. Stat. part of I of chapter 92, the Supreme Court affirmed in part and vacated in part the judgment of the circuit court dismissing Plaintiff's…
Date: June 20, 2019
Docket Number: SCWC-15-0000682
Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming Defendant's conviction for operating a vehicle under the influence of an intoxicant, holding that the ICA did not err in its…
Date: June 17, 2019
Docket Number: SCWC-16-0000004 (Order Accepting Application for Writ of Certiorari).ICA Opinion, filed 03/22/2019 [ada], 144 Haw. 141. Application for Writ of Certiorari, filed 04/01/2019. S.Ct. Order Dismissing Application for Writ of Certiorari, filed 04/03/2019 [ada]. Application for Writ of Certiorari, filed 05/09/2019. Circuit Court, 1st Circuit
Date: June 13, 2019
Docket Number: SCWC-16-0000474
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) on appeal and affirmed the circuit court's order granting Petitioner's petition for post-conviction relief on the ground that the trial…
Date: June 10, 2019
Docket Number: SCWC-14-0001135
Justia Opinion Summary: In this work injury discrimination case the Supreme Court held that in order for business necessity to constitute a valid defense to a claim of work injury discrimination, an employer must demonstrate that the employee's…
Date: June 6, 2019
Docket Number: SCWC-12-0000287
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) on appeal and vacated the circuit court's order denying Appellant's oral motion to withdraw pleas in his global plea agreement to two…
Date: June 6, 2019
Docket Number: SCWC-15-0000909
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) and the portion of the circuit court's judgment of conviction and sentence sentencing Defendant, holding that the circuit court plainly…
Date: May 23, 2019
Docket Number: SCAD-17-0000908
Date: May 23, 2019
Docket Number: SCWC-17-0000145
Date: May 22, 2019
Docket Number: SCWC-15-0000529
Date: May 22, 2019
Docket Number: SCWC-16-0000100
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals and vacated Defendant's conviction of promoting a dangerous drug in the third degree and unlawful use of drug paraphernalia, holding that…
Date: May 21, 2019
Docket Number: SCWC-16-0000624
Date: May 16, 2019
Docket Number: SCWC-16-0000421
Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming the judgment of the district court that Defendant violated Haw. Rev. Stat. 286-102(b) by operating a motor vehicle without a…
Date: May 14, 2019
Docket Number: SCAD-19-0000354
Date: May 14, 2019
Docket Number: SCWC-14-0001120
Date: May 13, 2019
Docket Number: SCWC-14-0001086
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) on appeal and the circuit court's order granting summary judgment against Plaintiff on the basis of his failure to timely respond to…
Date: May 10, 2019
Docket Number: SCOT-17-0000630
Justia Opinion Summary: The Supreme Court vacated the decision and order of the Public Utilities Commission (PUC) approving an amended power purchase agreement (PPA) between Hawai'i Electric Light Company, Inc. (HELCO) and Hu Honua Bioenergy,…
Date: May 9, 2019
Docket Number: SCWC-17-0000145
Date: May 6, 2019
Docket Number: SCAD-19-0000364
Date: May 1, 2019
Docket Number: SCWC-16-0000319
Justia Opinion Summary: In this foreclosure action, the Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) vacating the circuit court's grant of summary judgment for Nationstar Mortgage, LLC but corrected the ICA's…
Date: April 23, 2019
Docket Number: SCWC-14-0001305
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the judgment of the intermediate court of appeals (ICA) finding that no evidence was introduced at trial to support the jury's findings that Regal Capital…
Date: April 22, 2019
Docket Number: SCWC-15-0000156
Justia Opinion Summary: The Supreme Court vacated Defendant's convictions and remanded this case to the circuit court for further proceedings, holding that multiple instances of improper prosecutorial conduct cumulatively jeopardized…
Date: April 11, 2019
Docket Number: SCWC-15-0000916
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming the district court's judgment finding Defendant guilty of obstructing a highway or public passage after Defendant appeared pro…
Date: April 10, 2019
Docket Number: SCWC-12-0000025
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the intermediate court of appeals (ICA) partially vacating the circuit court's judgment entering judgment against Plaintiffs in this action alleging…
Date: April 10, 2019
Docket Number: SCWC-16-0000673
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions, holding that trial courts must engage the defendant in an on-the-record colloquy regarding the right to testify and right not to testify when either right is waived,…
Date: April 8, 2019
Docket Number: SCWC-14-0000517
Justia Opinion Summary: In this criminal case, the Supreme Court affirmed the judgment of the Intermediate Court of Appeals (ICA) rejecting the State's confession of error that insufficient foundation was laid for the admission into evidence of…
Date: March 21, 2019
Docket Number: SCAP-16-0000462
Justia Opinion Summary: The Supreme Court vacated the order and judgment of the circuit court granting the State’s motion to dismiss for lack of jurisdiction this challenge to the State’s implementation of Haw. Rev. Stat. 248-2.6, holding that…
Date: March 21, 2019
Docket Number: SCWC-17-0000850
Date: March 20, 2019
Docket Number: SCAD-19-0000144
Date: March 19, 2019
Docket Number: SCWC-16-0000200
Justia Opinion Summary: The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming the judgment of the district court granting summary judgment for Plaintiffs on their petition for an injunction against…
Date: March 18, 2019
Docket Number: SCAP-17-0000325
Justia Opinion Summary: The Supreme Court held that Rule 6 of the Rules of the Supreme Court of Hawai’i (RSCH) did not prohibit Dentons US LLP from practicing law in Hawai’i through its Hawai’i-licensed attorneys because the portions of RSCH…
Date: March 18, 2019
Docket Number: SCWC-16-0000413
Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) reinstating certain criminal charges dismissed by the circuit court based on the statute of limitations, holding that there were…
Date: March 12, 2019
Citation: 143 Haw. 233
Docket Number: SCWC-16-0000433
Date: March 5, 2019
Docket Number: SCWC-13-0003754
Justia Opinion Summary: The Supreme Court vacated the judgments of the courts below denying Petitioner’s petition filed pursuant to Hawaii Rules of Penal Procedure (HRPP) Rule 40 to vacate, set aside, or correct his 1987 conviction for driving…
Date: March 4, 2019
Docket Number: SCAP-17-0000367
Justia Opinion Summary: In this consolidated appeal from twenty-nine General Excise Tax (GET) assessments levied by the State Director of Taxation against five online travel companies based on car rental transactions taking place in the State…
Date: February 26, 2019
Docket Number: SCWC-16-0000728
Date: February 22, 2019
Docket Number: SCWC-16-0000429
Justia Opinion Summary: The Supreme Court vacated in part the intermediate court of appeals’ (ICA) judgment on appeal and vacated in part the circuit court’s order denying motion for correction or modification of the record filed May 18, 2015…
Date: February 14, 2019
Docket Number: SCPW-19-0000056
Date: January 31, 2019
Docket Number: SCWC-14-0001135
Date: January 25, 2019
Docket Numbers: SCEC-18-0000909, SCEC-18-0000910
Justia Opinion Summary: In these two election contests, the Supreme Court held that 350 absentee mail-in return envelopes were “received” by the Honolulu City Clerk after the deadline established by state law, and therefore, the ballots they…
Date: January 25, 2019
Docket Number: SCWC-15-0000104
Date: January 17, 2019
Docket Number: SCWC-15-0000529
Date: January 15, 2019
Docket Number: SCWC-12-0000578
Justia Opinion Summary: The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) vacating the district court’s dismissal of Defendant’s excessive speeding citation and remanded this case for further proceedings,…
Date: January 10, 2019
Docket Number: SCWC-16-0000123
Date: January 9, 2019
Docket Number: SCEC-18-0000908 (Findings of Fact, Conclusions of Law and Judgment). Original Proceeding
Justia Opinion Summary: In this original proceeding challenging certain election results, the Supreme Court entered judgment in favor of the State of Hawaii, Chief Election Office Scott Nago, and the Office of Elections (collectively, the State…
