OPINIONS AND
ORDERS
OCTOBER
2007
________________________________________________________________________________________
This site includes (1) court opinions designated for publication
in West’s Hawai`i Reports and West’s Pacific Reporter, (2) memorandum opinions,
(3) summary disposition orders, and (4) other final orders that dispose of
appeals or original proceedings decided by the Hawai'i Supreme Court and the
Hawai'i Intermediate Court of Appeals
(ICA).
This
opinion page contains all final dispositions from the Hawai>i Supreme Court and the Hawai>i Intermediate Court of Appeals that are not
confidential. AFor Publication@ means
the disposition is to be published in West=s Hawai>i Reports and West=s
Pacific Reporter and may be cited as precedent under Rule
35 of the Hawai>i Rules of Appellate Procedure. ANot for
Publication@ means the disposition will not be published in the West
reporters and has limited precedential value.
Opinions or orders are generally subjected to
reconsideration under Rule 40 of the
Hawai'i Rules of Appellate Procedure (HRAP). Final
The documents on this site are "as filed." The documents have not been enhanced or edited for publication. A document will not be removed from the web site except upon court order.
Alert: These
electronic opinions may contain computer-generated errors or other deviations
from the official slip opinion filed in the Office of the Chief Clerk, Supreme
Court of the State of
|
DATE |
|
CASE# |
CASE NAME |
APPEALED FROM |
REPORTER
CITATION |
|
10/01/2007 |
S.Ct. |
State
v. Perry (Order Denying Motion for Reconsideration). ICA
s.d.o., filed 04/26/2007 [pdf],
114 Haw. 75. S.Ct.
Order Dismissing Application for Writ of Certiorari, filed 08/31/2007 [pdf]. |
Circuit Court, 1st
Circuit |
|
|
|
10/01/2007 |
S.Ct. |
State v.
Maugaotega. Dissenting
Opinion by J. Acoba, with whom J. Duffy joins [pdf]. S.Ct. Opinion,
filed 06/29/2005 [pdf], 107
Haw. 399. Dissenting
Opinion by J. Acoba, with whom J. Duffy joins [pdf]. By a Petition for a Writ of Certiorari, the U.S.
Supreme Court vacated the judgment, and remanded the case to the Hawaii
Supreme Court, filed 02/20/2007. S.Ct. Notice Regarding Reopening of Appeal
No. 26657 and Order to Transmit Trial Records to the Hawaii Supreme Court, filed 05/15/2007 [pdf]. |
Circuit Court, 1st
Circuit |
115 Haw. 432 |
|
|
10/01/2007 |
S.Ct. |
The
Sierra Club v. The Department of Transportation of the State of |
Circuit Court, 2nd
Circuit |
|
|
|
10/01/2007 |
|
Corder
v. Grimshaw (Order Dismissing Appeal).
ICA Order,
filed 10/11/2007 [pdf]. |
District Court, 1st
Circuit |
|
|
|
10/02/2007 |
S.Ct. |
Office of Disciplinary
Counsel v. LePage (Order of Disbarment).
S.Ct. Order of Suspension, filed 11/06/2003
[pdf].
Justice Levinson and Justice Nakayama Dissenting. |
Original Proceeding |
|
|
|
10/03/2007 |
|
State
v. Clarke (Order Granting Request to Dismiss Appeal). |
Circuit Court, 1st
Circuit |
|
|
|
10/04/2007 |
|
Porter
v. Hu. Consolidated with No.
26602. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 03/03/2008 [pdf],
117 Haw. 321. |
Circuit Court, 3rd
Circuit |
116 Haw. 42 |
|
|
10/04/2007 |
S.Ct. |
Office
of Disciplinary Counsel v. Brown (Order of Disbarment). S.Ct. Order
Granting Petition for the Immediate Suspension of Respondent Charles R. Brown
from the Practice of Law Pursuant to RSCH Rule 2.12A, filed 03/28/2006 [pdf]. S.Ct. Order
Denying Motion to Vacate Order of Suspension, filed 11/08/2006 [pdf]. S.Ct.
Order Denying Motion for Reconsideration, filed 11/29/2006 [pdf]. |
|
|
|
|
10/04/2007 |
|
|
Circuit Court, 3rd
Circuit |
|
|
|
10/05/2007 |
S.Ct. |
|
July 2007 Examination
for Admission to the Bar of the State of |
|
|
|
10/05/2007 |
S.Ct. |
In re N. M-O (s.d.o.,
affirmed). Concurring
and Dissenting Opinion by J. Acoba [pdf]. |
Family Court, 1st
Circuit |
115 Haw. 566 |
|
|
10/05/2007 |
S.Ct. |
Ranches v. City and |
Circuit Court, 1st
Circuit |
115 Haw. 462 |
|
|
10/05/2007 |
|
State v. Dilliner
(Order of Correction). ICA Opinion,
filed 07/09/2007 [pdf],
114 Haw. 518. |
Family Court, 1st
Circuit |
|
|
|
10/10/2007 |
S.Ct. |
State v. Fields (Motion
for Reconsideration and Order of Amendment).
Concurrence
and Dissent by J. Acoba and Order Amending Dissenting Opinion [pdf]. ICA Opinion,
filed 05/31/2005 [pdf], 120
Haw. 73. S.Ct. Order
Granting Application for Writ of Certiorari, filed 07/06/2005 [pdf],
108 Haw. 1. S.Ct. Opinion, filed
08/30/2007. Dissenting Opinion by J.
Acoba. New Amended
Opinion, filed 10/10/2007 [pdf], 115
Haw. 503. Amended
Dissenting Opinion by J. Acoba [pdf]. S.Ct.
Order Denying Motion for Reconsideration, filed 11/07/2007 [pdf]. J. Acoba Dissenting. |
Circuit Court, 5th
Circuit |
|
|
|
10/10/2007 |
S.Ct. |
State v. Fields (Amended
Opinion). Amended
Dissenting Opinion by J. Acoba [pdf]. ICA Opinion,
filed 05/31/2005 [pdf], 120
Haw. 73. S.Ct. Order
Granting Application for Writ of Certiorari, filed 07/06/2005 [pdf],
108 Haw. 1. S.Ct. Opinion, filed
08/30/2007. Dissenting Opinion by J.
Acoba. S.Ct.
Motion for Reconsideration and Order of Amendment, filed 10/10/2007 [pdf]. Concurrence
and Dissent by J. Acoba and Order Amending Dissenting Opinion [pdf]. S.Ct.
Order Denying Motion for Reconsideration, filed 11/07/2007 [pdf]. J. Acoba Dissenting. |
Circuit Court, 5th
Circuit |
115 Haw. 503 |
|
|
10/10/2007 |
S.Ct. |
Regan v. State (Order
of Correction). S.Ct.
Order Denying Motion for Reconsideration, filed 08/28/2006 [pdf]. S.Ct. Order
Dismissing Motion for Reconsideration, filed 01/12/2007 [pdf]. S.Ct. s.d.o.,
filed 08/31/2007 [pdf], 115 Haw. 363. S.Ct.
Order Dismissing Motion for Reconsideration, filed 09/21/2007 [pdf]. S.Ct.
Order Dismissing Second Motion for Reconsideration, filed 10/10/2007 [pdf]. S.Ct. Order,
filed 11/06/2007 [pdf]. |
Circuit Court, 1st
Circuit |
|
|
|
10/10/2007 |
S.Ct. |
Regan
v. State (Order Dismissing Second Motion for Reconsideration). S.Ct.
Order Denying Motion for Reconsideration, filed 08/28/2006 [pdf]. S.Ct.
Order Dismissing Motion for Reconsideration, filed 01/12/2007 [pdf]. S.Ct. s.d.o.,
filed 08/31/2007 [pdf], 115 Haw. 363. S.Ct.
Order Dismissing Motion for Reconsideration, filed 09/21/2007 [pdf]. S.Ct. Order
of Correction, filed 10/10/2007 [pdf]. S.Ct. Order,
filed 11/06/2007 [pdf]. |
Circuit Court, 1st
Circuit |
|
|
|
10/11/2007 |
|
Cooper v. Liberty
Mutual Insurance Company (s.d.o., affirmed).
S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 11/27/2007 [pdf]. |
District Court, 1st
Circuit, |
115 Haw. 476 |
|
|
10/11/2007 |
|
State v. Pond. S.Ct.
Order Accepting Application for Writ of Certiorari, filed 03/10/2008 [pdf],
119 Haw. 287. S.Ct. Opinion,
filed 09/29/2008 [pdf], 118 Haw. 452. Concurring
and Dissenting Opinion by J. Acoba [pdf]. Concurring
and Dissenting Opinion by J. Duffy [pdf]. |
Family Court, 2nd
Circuit |
117 Haw. 336 |
|
|
10/11/2007 |
|
State v. Rosel (s.d.o.,
affirmed). |
Circuit Court, 1st
Circuit |
116 Haw. 72 |
|
|
10/11/0007 |
|
Eline
v. Pearson (Order Dismissing Appeal). |
Circuit Court, 3rd
Circuit |
|
|
|
10/11/2007 |
|
Corder
v. Grimshaw (Order). ICA Order
Dismissing Appeal, filed 10/01/2007 [pdf] |
District Court, 1st
Circuit |
|
|
|
10/12/2007 |
S.Ct. |
State
v. Cho (Order Rejecting Application for Writ of Certiorari). Dissent
by J. Acoba [pdf]. ICA
s.d.o., filed 04/30/2007 [pdf],
114 Haw. 283. |
District Court, 1st Circuit |
|
|
|
10/15/2007 |
S.Ct. |
Peralto
v. State (s.d.o., affirmed). J. Acoba
concurring in the results only. |
Circuit Court, 5th Circuit |
115 Haw. 566 |
|
|
10/16/2007 |
S.Ct. |
Shanghai
Investment Company, Inc. v. Alteka Co., Ltd. (s.d.o., vacated and remanded). |
Circuit Court, 1st Circuit |
115 Haw. 566 |
|
|
10/18/2007 |
|
Association
of Apartment Owners of 1251 Heulu v. Chung (s.d.o., affirmed). |
Circuit Court, 1st Circuit |
116 Haw. 72 |
|
|
10/18/2007 |
|
Bottom
v. Bottom (s.d.o., affirmed). |
Family Court, 1st Circuit |
116 Haw. 72 |
|
|
10/18/2007 |
|
Chung
v. Thomas (mem.op., vacated and remanded). |
District Court, 3rd Circuit, North and |
116 Haw. 71 |
|
|
10/18/2007 |
|
Kapuniai
v. Gay (s.d.o., affirmed). |
District Court, 1st Circuit, |
116 Haw. 72 |
|
|
10/18/2007 |
|
State
v. Larkin (s.d.o., vacated and remanded).
S.Ct.
Order Dismissing Appeal as to
Defendant Shaun Larkin,
filed 04/20/2005 [pdf]. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 03/03/2008 [pdf]. |
Circuit Court, 1st Circuit |
116 Haw. 72 |
|
|
10/18/2007 |
|
Boyle
v. Maryl Pacific Constructors, Inc. (s.d.o., affirmed). S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 03/12/2008 [pdf]. Dissenting
Opinion by J. Acoba [pdf]. |
Labor and Industrial Relations Appeals Board |
116 Haw. 72 |
|
|
10/18/2007 |
S.Ct. |
State
v. Soma (Order Accepting Application for Writ of Certiorari). ICA
s.d.o., filed 05/21/2007 [pdf],
114 Haw. 182. S.Ct. Order
Affirming in Part and Reversing in Part, the Judgment of the Intermediate
Court of Appeals entered on July 3, 2007, filed 10/19/2007 [pdf]. Concurrence
and Dissent by J. Acoba, with whom J. Duffy joins [pdf]. S.Ct. Order
of Correction, filed 12/03/2007 [pdf]. |
Circuit Court, 1st Circuit |
|
|
|
10/18/2007 |
|
State
v. McAfee (s.d.o., affirmed). |
District Court, 1st Circuit, |
116 Haw. 72 |
|
|
10/18/2007 |
|
State
v. Wong (s.d.o., affirmed). |
District Court, 1st Circuit, |
116 Haw. 72 |
|
|
10/19/2007 |
S.Ct. |
State v. |
District Court, 3rd Circuit |
116 Haw. 2 |
|
|
10/19/2007 |
S.Ct. |
State
v. Soma (Order Affirming in Part and Reversing in Part, the Judgment of the
Intermediate Court of Appeals entered on July 3, 2007). Concurrence
and Dissent by J. Acoba, with whom J. Duffy joins [pdf]. ICA
s.d.o., filed 05/21/2007 [pdf],
114 Haw. 182. S.Ct.
Order Accepting Application for Writ of Certiorari, filed 10/18/2007 [pdf]. S.Ct. Order
of Correction, filed 12/03/2007 [pdf]. |
Circuit Court, 1st Circuit |
|
|
|
10/24/2007 |
|
State
v. Kalili (Order Dismissing Appeal). |
District Court, 3rd Circuit, Kona |
|
|
|
10/24/2007 |
|
|
Circuit Court, 1st Circuit |
|
|
|
10/24/2007 |
|
Grandinetti
v. Thorburn (Order Dismissing Appeal). |
Circuit Court, 1st Circuit |
|
|
|
10/24/2007 |
|
State
v. Nawrocki (Order Dismissing Appeal). |
Circuit Court, 5th Circuit |
|
|
|
10/24/2007 |
|
American
Savings Bank, F.S.B. v. Pa (Order Dismissing Appeal). |
District Court, 1st Circuit |
|
|
|
10/25/2007 |
|
|
Labor and Industrial Relations Appeals Board |
|
|
|
10/25/2007 |
|
Freedle
v. City and |
Labor and Industrial Relations Appeals Board |
116 Haw. 71 |
|
|
10/25/2007 |
|
Larochelle
v. Schmaltz (s.d.o., affirmed). |
Labor and Industrial Relations Appeals Board |
116 Haw. 72 |
|
|
10/25/2007 |
|
State
v. Fang (s.d.o., affirmed). S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 01/29/2008 [pdf]. |
Circuit Court, 1st Circuit |
116 Haw. 72 |
|
|
10/25/2007 |
|
|
Circuit Court, 1st Circuit |
116 Haw. 72 |
|
|
10/25/2007 |
|
Guajardo
v. AIG Hawaii Insurance Company, Inc. (s.d.o., affirmed). S.Ct.
Order Accepting Application for Writ of Certiorari, filed 03/19/2008 [pdf]. S.Ct. Opinion,
filed 07/08/2008 [pdf], 118
Haw. 196. Concurring
Opinion by J. Acoba [pdf]. |
Circuit Court, 1st Circuit |
116 Haw. 72 |
|
|
10/25/2007 |
|
State
v. Brown (s.d.o., affirmed). |
Family Court, 1st Circuit |
116 Haw. 72 |
|
|
10/25/2007 |
|
State
v. Merkel (s.d.o., affirmed). S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 02/25/2008 [pdf]. |
District Court, 1st Circuit |
116 Haw. 72 |
|
|
10/25/2007 |
|
State
v. Kalilikane (mem.op., affirmed). Dissenting
Opinion by J. Nakamura [pdf]. |
Circuit Court, 1st Circuit |
116 Haw. 71 |
|
|
10/26/2007 |
S.Ct. |
In re Arbitration
between United Public Workers, AFSCME, Local 646, AFL-CIO v. City and |
Circuit Court, 1st Circuit |
|
|
|
10/26/2007 |
S.Ct. |
In re Arbitration
between United Public Workers, AFSCME, Local 646, AFL-CIO v. City and |
Circuit Court, 1st Circuit |
|
|
|
10/26/2007 |
S.Ct. |
In re Arbitration
between United Public Workers, AFSCME, Local 646, AFL-CIO v. City and County
of Honolulu (Order Cancelling Oral Argument).
ICA
mem.op., filed 04/17/2007 [pdf],
115 Haw. 147. S.Ct.
Order Accepting Application for Writ of Certiorari, filed 09/21/2007 [pdf]. S.Ct.
Order Dismissing Certiorari Proceeding, filed 10/26/2007 [pdf]. S.Ct. Order, filed 10/26/2007 [pdf]. |
Circuit Court, 1st Circuit |
|
|
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10/26/2007 |
S.Ct. |
The Sierra Club v. The Department
of Transportation of the State of |
Circuit Court, 2nd Circuit |
|
|
|
10/26/2007 |
|
In re “S” Children
(Order Granting “Father’s Motion to Withdraw or Dismiss His Appeal”). |
Family Court, 1st Circuit |
|
|
|
10/29/2007 |
S.Ct. |
State
v. Mariano (Order Rejecting Application for Writ of Certiorari). ICA Opinion,
filed 05/31/2007 [pdf],
114 Haw. 271. |
Family Court, 1st Circuit |
116 Haw. 2 |
|
|
10/29/2007 |
S.Ct. |
State
v. |
Family Court, 2nd Circuit |
116 Haw. 3 |
|
|
10/29/2007 |
S.Ct. |
State
v. Lacy (mem.op., vacated and affirmed).
Concurring
and Dissenting Opinion by J. Acoba [pdf]. ICA
s.d.o., filed 06/25/2007 [pdf],
114 Haw. 283. ICA
Order Denying Appellant’s Motion for Reconsideration of Summary Disposition
Order, filed 07/16/2007 [pdf]. S.Ct.
Order Accepting Application for Writ of Certiorari, filed 09/20/2007 [pdf]. |
District Court, 3rd Circuit, Ka‘u Division |
116 Haw. 28 |
|
|
10/29/2007 |
|
State
v. Cruz (Order Granting Defendant-Appellant Randall Cruz’s Motion for
Dismissal of Appeal). |
Circuit Court, 3rd Circuit |
|
|
|
10/29/2007 |
|
State
v. |
Circuit Court, 1st Circuit |
|
|
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10/29/2007 |
|
State
v. |
Circuit Court, 1st Circuit |
|
|
|
10/30/2007 |
S.Ct. |
State
v. Kiaha (Order Accepting Application for a Writ of Certiorari and Affirming
in Part and Vacating in Part the September 6, 2007 Judgment of the
Intermediate Court of Appeals). Concurrence
and Dissent by J. Acoba with whom J. Duffy joins [pdf]. ICA
s.d.o., filed 07/27/2007 [pdf],
114 Haw. 405. |
Circuit Court, 1st Circuit |
|
|
|
10/30/2007 |
S.Ct. |
State
v. Lo. |
Original Proceeding |
116 Haw. 23 |
|
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