OPINIONS AND
ORDERS
MAY
2008
________________________________________________________________________________________
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Publication@ means the disposition will not be published in the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
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DATE |
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CASE # |
CASE NAME |
APPEALED FROM |
REPORTER
CITATION |
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05/01/2008 |
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Johnson v. Johnson (s.d.o, vacated,
remanded and affirmed). ICA Order
of Correction, filed 05/02/2008 [pdf]. |
Circuit Court, 1st
Circuit |
117 Haw. 355 |
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05/02/2008 |
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State v. Gomes (s.d.o., affirmed). |
Circuit Court, 2nd
Circuit |
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05/02/2008 |
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Johnson v. Johnson (Order of
Correction). ICA s.d.o.,
filed 05/01/2008 [pdf],
117 Haw. 355. |
Circuit Court, 1st
Circuit |
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05/02/2008 |
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GKK Makalei, LLC v. Spinney (Order Granting
Plaintiff-Appellee GKK Makalei LLC’s April 23, 2008 Motion to Dismiss
Appeal). |
Circuit Court, 3rd
Circuit |
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05/05/2008 |
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Mizukami v. Mizukami (Order Denying Motion
for Reconsideration). ICA
Order Denying Motion for Reconsideration of 6/12/08 Order Denying 5/30/08
Motion for Recusal, filed 06/30/2008 [pdf]. S.Ct.
Order Dismissing Application for Writ of Certiorari, filed 07/23/2008 [pdf].
ICA
s.d.o., filed 04/30/2009 [pdf] 120 Haw. 386. ICA
Order Denying Motion for Reconsideration, filed 05/15/2009 [pdf]. ICA Order
Dismissing June 22, 2009 Motion to Vacate and Reverse Order Denying Motion
for Reconsideration and Judgment on Appeal, filed 06/26/2009 [pdf]. ICA
Order Denying June 30, 2009 Motion for Reconsideration of 6/26/09 Order
Dismissing 6/22/09 Motion to Vacate and Reverse 5/15/09 Order and 5/18/09
Judgment, filed 07/02/2009 [pdf]. Application for Writ of Certiorari, filed
08/12/2009. S.Ct. Order
Denying Motion for Clarification, filed 09/09/2009 [pdf]. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 09/23/2009 [pdf]. |
Family Court, 1st
Circuit |
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05/06/2008 |
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Liu v. State (s.d.o., affirmed). Application for Writ of Certiorari, filed
08/18/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 09/17/2008 [pdf]. |
District Court, 1st
Circuit, |
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05/06/2008 |
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Anama-Hamada v. Hamada (Order Dismissing
Appeal Pursuant to HRAP Rule 30). |
Family Court, 1st
Circuit |
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05/06/2008 |
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Family Court, 5th
Circuit |
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05/07/2008 |
S.Ct. |
Hofelich v. State (Order Rejecting Application
for Writ of Certiorari). ICA Order
Dismissing Appeal for Lack of Jurisdiction, filed 03/12/2008 [pdf]. ICA
Order Denying March 19, 2008 Motion for Reconsideration, or in the
Alternative, Motion for an Appeal to the Supreme Court of Hawai‘i, filed
03/31/2008 [pdf]. |
Circuit Court, 3rd
Circuit, Kona Div. |
|
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05/07/2008 |
S.Ct. |
Eline v. Tanaka (Order Rejecting
Application for Writ of Certiorari). ICA Order Dismissing Appeal Pursuant to HRAP
Rule 11(c)(2), filed 03/25/2008 [pdf]. |
Circuit Court, 1st
Circuit |
|
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05/08/2008 |
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Karagianes v. State (s.d.o.,
affirmed). S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 08/13/2008 [pdf]. J. Acoba
Dissenting [pdf]. |
Circuit Court, 2nd
Circuit |
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05/08/2008 |
|
Wells Fargo Home Mortgage, Inc. v. |
Circuit Court, 1st
Circuit |
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05/09/2008 |
S.Ct. |
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February 2008
Examination for Admission to the Bar of the State of |
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05/09/2008 |
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Indymac Bank v. Miguel. Consolidated with
No. 27406 and 27561. ICA Order
of Correction, filed 07/17/2008 [pdf]. |
Circuit Court, 1st
Circuit |
|
|
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05/09/2008 |
S.Ct. |
State v. Pauline (Order Rejecting
Application for Writ of Certiorari). ICA
s.d.o., filed 01/18/2008 [pdf],
117 Haw. 52. |
Circuit Court, 1st
Circuit |
|
|
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05/09/2008 |
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Kokualani v. The Way of
Salvation Church (Order Denying Appellant’s Motion). |
Circuit Court, 1st
Circuit |
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05/12/2008 |
S.Ct. |
Valenzona
v. |
Circuit Court, 1st Circuit |
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05/12/2008 |
S.Ct. |
Gomes v. Labor and Industrial Relations Appeals Board
(Order Denying Motion for Reconsideration).
S.Ct.
Order, filed 04/21/2008 [pdf]. |
Original Proceeding |
|
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05/13/2008 |
|
Ludwig v. Verizon Hawaii, Inc. (Order Denying Employer-Appellee Verizon Hawaii, Inc.’s and Insurance Carrier-Appellee Specialty Risk Services’ Motion for Reconsideration). ICA s.d.o., filed 04/25/2008 [pdf], 117 Haw. 355. ICA Order of Correction, filed 05/29/2008 [pdf]. Application for Writ of Certiorari, filed 08/27/2008. S.Ct. Order Rejecting Application for Writ of Certiorari, filed 10/02/2008 [pdf]. |
Labor and Industrial Appeals Board |
|
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05/13/2008 |
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Caberto v. Maui Electric
Company (s.d.o., affirmed). ICA Order Denying Employer-Appellee Maui
Electric Company’s Motion for Retention of Oral Argument, filed 05/14/2008 [pdf]. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 10/28/2008 [pdf]. Dissenting
Opinion by J. Acoba [pdf]. |
Labor and Industrial Appeals Board |
|
|
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05/13/2008 |
S.Ct. |
State v. Meheula (Order
Rejecting Application for Writ of Certiorari). ICA
s.d.o., filed 12/14/2007 [pdf],
116 Haw. 238. |
Circuit Court, 1st
Circuit |
|
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05/13/2008 |
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State v. Blanchard
(s.d.o., affirmed). |
Circuit Court, 1st
Circuit |
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05/13/2008 |
S.Ct. |
In re Petition of Sterling
(Order Granting Motion for Reconsideration of Order Denying without Prejudice
Petition for Renewal of Certificate of Specialization issued on April 1,
2008). S.Ct. Order
Denying without Prejudice Petition for Renewal of Certificate of
Specialization, filed 04/01/2008 [pdf]. |
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05/14/2008 |
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Jou v. Schmidt (Order
Denying Motion for Reconsideration). ICA Opinion,
filed 04/29/2008 [pdf],
117 Haw. 477. ICA Order of Correction, filed 04/30/2008 [pdf]. |
Circuit Court, 1st
Circuit |
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05/14/2008 |
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Caberto v. Maui Electric Company (Order Denying Employer-Appellee
Maui Electric Company’s Motion for Retention of Oral Argument). ICA
s.d.o., filed 05/13/2008 [pdf],
117 Haw. 379. S.Ct. Order
Rejecting Application for Writ of Certiorari, filed 10/28/2008 [pdf]. Dissenting
Opinion by J. Acoba [pdf]. |
Labor and Industrial Appeals Board |
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|
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05/14/2008 |
S.Ct. |
State v. Branco (Order
Rejecting Application for Writ of Certiorari). ICA
s.d.o., filed 01/22/2008 [pdf],
117 Haw. 52. |
Circuit Court, 1st Circuit |
|
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05/15/2008 |
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Ramsey v. State
(s.d.o., affirmed, vacated and remanded). Consolidated with No. 27824. ICA Order
of Correction, filed 05/19/2008 [pdf]. ICA
Amended Order of Correction, filed 05/22/2008 [pdf]. ICA Order
of Correction, filed 06/02/2008 [pdf]. |
Circuit Court, 2nd
Circuit |
|
|
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05/15/2008 |
S.Ct. |
State v. Dela Cruz
(Order Accepting Application for Writ of Certiorari). ICA
s.d.o., filed 01/09/2008 [pdf],
116 Haw. 464. S.Ct. Order
Granting Motion to Continue Oral Argument, filed 07/24/2008 [pdf]. S.Ct. Order
Dismissing Certiorari Proceeding, filed 10/28/2008 [pdf]. |
Circuit Court, 1st Circuit |
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05/16/2008 |
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Western Financial Bank,
F.S.B. v. Raras (s.d.o., affirmed). |
Circuit Court, 1st
Circuit |
|
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05/16/2008 |
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Jou
v. Schmidt (Order Denying Motion for Reconsideration). ICA Opinion,
filed 04/30/2008 [pdf],
117 Haw. 502. |
Circuit Court, 1st
Circuit |
|
|
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05/16/2008 |
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Cobb-Adams v. Koga
Engineering and Construction, Inc. (s.d.o., affirmed). Application for Writ of Certiorari, filed
07/29/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 08/26/2008 [pdf]. |
Labor and Industrial Appeals Board |
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05/16/2008 |
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Family Court, 1st
Circuit |
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05/16/2008 |
S.Ct. |
State v. Elicker (Order
Rejecting Application for Writ of Certiorari). ICA
s.d.o., filed 02/22/2008 [pdf],
117 Haw. 173. |
Circuit Court, |
|
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05/16/2008 |
|
State v. Gomez (s.d.o.,
affirmed). Application for Writ of
Certiorari, filed 09/02/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 10/08/2008 [pdf]. S.Ct. Order
Approving in Part Attorney’s Fee Request and Compensation for Necessary
Expenses, filed 11/06/2008 [pdf]. |
Circuit Court, 1st
Circuit |
117 Haw. 379 |
|
|
05/16/2008 |
S.Ct. |
Office of Disciplinary
Counsel v. Woo (Order of Transfer to Active Status and Resumption of
Disciplinary Proceedings). S.Ct. Order of Transfer to Inactive Status, filed 03/23/2007 [pdf]. |
Original Proceeding |
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05/16/2008 |
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State v. Siamani
(mem.op., reversed). |
District Court, 1st
Circuit, |
118 Haw. 209 |
|
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05/16/2008 |
|
State v. |
Circuit Court, 1st
Circuit |
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05/19/2008 |
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Ramsey v. State (Order
of Correction). ICA
s.d.o., filed 05/15/2008 [pdf],
117 Haw. 379. Consolidated with No. 27824. ICA
Amended Order of Correction, filed 05/22/2008 [pdf]. ICA Order
of Correction, filed 06/02/2008 [pdf]. |
Circuit Court, 2nd
Circuit |
|
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05/19/2008 |
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In re Application of
Waikoloa Sanitary Sewer Company, Inc. (Order Dismissing Appeal). |
Public Utilities
Commission |
|
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05/20/2008 |
|
HT & T Company v. Hawaii
Stevedores, Inc. (s.d.o., affirmed). ICA Order
of Amendment, filed 05/21/2008 [pdf]. |
Circuit Court, 3rd
Circuit |
|
|
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05/21/2008 |
|
HT & T Company v. Hawaii
Stevedores, Inc. (Order of Amendment).
ICA
s.d.o., filed 05/20/2008 [pdf]. |
Circuit Court, 3rd
Circuit |
|
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05/21/2008 |
|
AFL Hotel &
Restaurant Workers Health & Welfare Trust Fund v. Ramos (s.d.o., vacated,
remanded and dismissed). ICA
Order Denying Plaintiff-Appellee AFL Hotel & Restaurant Workers Health
& Welfare Trust Fund and Third-Party Defendants-Appellees’ Motion for
Reconsideration of Summary Disposition Order, filed 05/21/2008, filed
06/05/2008 [pdf]. |
Circuit Court, 1st
Circuit |
|
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05/21/2008 |
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State v. Kamai
(mem.op., affirmed). |
Family Court, 1st
Circuit |
118 Haw. 209 |
|
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05/21/2008 |
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Moi v. State,
Department of Public Safety. ICA Order
of Correction, filed 06/19/2008 [pdf]. |
Labor and Industrial Appeals Board |
118 Haw. 239 |
|
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05/21/2008 |
|
‘Ohana Pale Kea Ao v.
Board of Agriculture, State of Hawai‘i. |
Circuit Court, 3rd
Circuit |
118 Haw. 247 |
|
|
05/21/2008 |
|
State v. Thate (s.d.o.,
affirmed and remanded). ICA Order
of Correction, filed 06/06/2008 [pdf]. Application for Writ of Certiorari, filed
09/04/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 10/15/2008 [pdf]. |
Circuit Court, 1st
Circuit |
|
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05/21/2008 |
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State Farm Life Insurance
Company v. Gorospe (Order Granting April 30, 2008 Motion to Dismiss Appeal). |
Circuit Court 3rd
Circuit, |
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05/22/2008 |
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Trenholm v. Smythe
(s.d.o., affirmed). |
Circuit Court, 2nd
Circuit |
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05/22/2008 |
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Ramsey v. State
(Amended Order of Correction). ICA
s.d.o., filed 05/15/2008 [pdf],
117 Haw. 379. ICA Order
of Correction, filed 05/19/2008 [pdf]. ICA Order
of Correction, filed 06/02/2008 [pdf]. |
Circuit Court, 2nd
Circuit |
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05/23/2008 |
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State v. |
Circuit Court, 1st
Circuit |
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05/27/2008 |
S.Ct. |
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Labor & Industrial Relations Appeals Board |
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05/28/2008 |
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State
v. De Guair (s.d.o., affirmed). ICA Order
Granting Motion to Dismiss Appeal, filed 11/30/2006 [pdf]. ICA
Order Denying the December 21, 2006 Motion for Reconsideration, filed
12/29/2006 [pdf]. S. Ct. Order
Accepting Application for Writ of Certiorari, Vacating Order Dismissing
Appeal and Remanding Appeal to the Intermediate Court of Appeals, filed
01/25/2007 [pdf]. S.Ct.
Order Dismissing Application for Writ of Certiorari without Prejudice,
filed 06/20/2008 [pdf]. Application for Writ of Certiorari, filed
07/21/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 08/19/2008 [pdf]. |
Circuit Court, 3rd Circuit |
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05/28/2008 |
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Mancao v. Okimoto Corporation (mem.op.,
vacated and remanded). ICA Order
of Correction, filed 06/19/2008 [pdf]. |
Circuit Court, 1st Circuit |
118 Haw. 209 |
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05/28/2008 |
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State v. Fleming (s.d.o., affirmed). |
District Court, 2nd Circuit, Wailuku Div. |
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05/28/2008 |
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State v. Westbrook (s.d.o., reversed). |
Circuit Court, 1st Circuit |
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05/28/2008 |
S.Ct. |
Andrews v. Rosehill (Order Rejecting
Application for Writ of Certiorari). ICA Order
Dismissing Appeal for Lack of Jurisdiction, filed 02/08/2008 [pdf]. |
Circuit Court, 1st Circuit |
|
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05/29/2008 |
S.Ct. |
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Labor & Industrial Relations Appeals Board |
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05/29/2008 |
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Ludwig v. Verizon Hawaii, Inc.(Order of
Correction). ICA
s.d.o., filed 04/25/2008 [pdf],
117 Haw. 355. ICA Order Denying Employer-Appellee Verizon
Hawaii, Inc.’s and Insurance Carrier-Appellee Specialty Risk Services’ Motion
for Reconsideration, filed
05/13/2008 [pdf]. Application for Writ of Certiorari, filed
08/27/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 10/02/2008 [pdf]. |
Labor and Industrial Relations Appeal Board |
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|
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05/29/2008 |
S.Ct. |
State v. |
District Court, 1st Circuit |
118 Haw. 15 |
|
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05/29/2008 |
S.Ct. |
State v. Bayly. J. Nakayama concurring in the results
only. ICA
s.d.o., filed 09/24/2007 [pdf],
115 Haw. 476. S.Ct.
Order Accepting Application for Writ of Certiorari, filed 02/12/2008 [pdf]. |
District Court, 2nd Circuit, Wailuku
Division |
118 Haw. 1 |
|
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05/29/2008 |
|
In re J.T. (s.d.o.,
affirmed). ICA Order
Dismissing Father-Appellant’s Appeal and Allowing Mother-Appellant’s Appeal
to Proceed, filed 09/22/2006 [pdf]. |
Family Court, 1st Circuit |
|
|
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05/29/2008 |
|
State v. Mason (mem.op., affirmed). ICA Order
of Correction, filed 06/19/2008 [pdf]. |
Circuit Court, 2nd Circuit |
118 Haw. 209 |
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05/29/2008 |
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In re G.S. (s.d.o., affirmed). |
Family Court, 5th Circuit |
|
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05/30/2008 |
S.Ct. |
Hanalei Garden Farms, Inc. v. Pace (mem.op.,
vacated, remanded and reversed). S.Ct.
Order Denying Motion for Reconsideration, filed 06/26/2008 [pdf]. S.Ct. Order
of Correction, filed 07/16/2008 [pdf]. |
Circuit Court, 5th Circuit |
118 Haw. 195 |
|
|
05/30/2008 |
S.Ct. |
Smith v. Maui County Board of Variance and
Appeals (s.d.o., affirmed). S.Ct.
Order Denying Motion for Reconsideration, filed 05/11/2005 [pdf]. S.Ct.
Order Denying Motion for Reconsideration, filed 06/26/2008 [pdf]. S.Ct.
Order Denying Motion for Reconsideration, filed 09/22/2008 [pdf]. |
Circuit Court, 2nd Circuit |
118 Haw.
351 |
|
|
05/30/2008 |
S.Ct. |
State v. Akau. Dissenting Opinion
by J. Nakayama [pdf]. Concurring
Opinion by J. Acoba [pdf]. ICA
s.d.o., filed 09/21/2007 [pdf],
115 Haw. 476. S.Ct.
Order Accepting Application for Writ of Certiorari, filed 02/08/2008 [pdf]. |
Circuit Court, 1st Circuit |
118 Haw. 44 |
|
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05/30/2008 |
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Land v. State (s.d.o., affirmed). |
Circuit Court, 5th Circuit |
|
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05/30/2008 |
|
Ruiz v. State (s.d.o., affirmed). Application for Writ of Certiorari, filed
09/03/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 10/13/2008 [pdf]. |
Circuit Court, 1st Circuit |
|
|
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05/30/2008 |
S.Ct. |
State v. Makekau (Order Rejecting
Application for Writ of Certiorari). ICA
mem.op., filed 12/31/2007 [pdf],
118 Haw. 209. |
Circuit Court, 1st Circuit |
|
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05/30/2008 |
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State v. Souza (s.d.o., affirmed). |
Family Court, 1st Circuit |
|
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05/30/2008 |
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State v. Tunoa (s.d.o., affirmed). ICA Order
of Correction, filed 06/02/2008 [pdf]. Application for Writ of Certiorari, filed
09/19/2008. S.Ct.
Order Rejecting Application for Writ of Certiorari, filed 10/10/2008 [pdf]. |
Circuit Court, 1st Circuit |
|
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05/30/2008 |
|
State v. Madden (Order Granting Stipulation
for Dismissal of Appeal). |
Circuit Court, 1st Circuit |
|
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05/30/2008 |
S.Ct. |
State v. Matsuda (Order Dismissing
Application for Transfer). |
Circuit Court, 3rd Circuit |
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