OPINIONS AND
ORDERS
OCTOBER
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the disposition will not be published in the West reporters and has limited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
|
DATE |
|
CASE # |
CASE NAME |
APPEALED
FROM |
REPORTER CITATION |
|
10/02/2008 |
S.Ct. |
Ludwig v. Verizon Hawaii, Inc. (Order Rejecting Application for Writ of
Certiorari). 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]. ICA Order
of Correction, filed 05/29/2008 [pdf].
Application for Writ of Certiorari, filed 08/27/2008. |
Labor and Industrial Relations Appeal Board |
|
|
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10/02/2008 |
|
Tabbal v. Jun (s.d.o., affirmed). |
District Court, 1st Circuit, |
118 Haw. 424 |
|
|
10/02/2008 |
|
Stop Rail Now v. DeCosta
(Order of Amendment for Publication).
ICA Order, filed 06/23/2008. ICA Amended Order of the Court Denying
Appellants’ Emergency Motion for Preliminary Injunction by J. Leonard, filed 10/02/2008 [pdf], 120 Haw. 238. |
Circuit Court, 1st Circuit |
|
|
|
10/02/2008 |
|
Stop Rail Now v. DeCosta (Amended Order of
the Court Denying Appellants’ Emergency Motion for Preliminary Injunction by
J. Leonard). ICA Order, filed
09/23/2008. ICA Order
of Amendment for Publication, filed 10/02/2008 [pdf]. |
Circuit Court, 1st
Circuit |
120 Haw. 238 |
|
|
10/02/2008 |
S.Ct. |
Castillo-Barkley v. Cronin (Findings of
Fact, Conclusions of Law and Judgment). |
Original Proceeding |
|
|
|
10/03/2008 |
|
Coleman v. State (s.d.o.,
affirmed). Application for Writ of
Certiorari, filed 01/05/2009. S.Ct. Order Rejecting Application for Writ of Certiorari,
filed 02/13/2009 [pdf]. |
Circuit Court, 3rd
Circuit |
118 Haw. 540 |
|
|
10/03/2008 |
|
Hawaii Reserves, Inc. v. |
District Court, 1st
Circuit, Ko‘olauloa Div. |
|
|
|
10/06/2008 |
S.Ct. |
Tierney v. District Court of the Fifth
Circuit, State of |
Original Proceeding |
|
|
|
10/07/2008 |
S.Ct. |
Office of Disciplinary Counsel v. Magarifuji (Order of Reinstatement). S.Ct.
Order of Suspension, filed 01/16/2004 [pdf]. |
Original Proceeding |
|
|
|
10/07/2008 |
S.Ct. |
|
Circuit Court, 3rd Circuit |
119 Haw. 135 |
|
|
10/07/2008 |
S.Ct. |
Schmidt v. Real Estate Commission,
Department of Commerce and Consumer Affairs, State of |
Circuit Court, 1st Circuit |
|
|
|
10/07/2008 |
S.Ct. |
Blaisdell v. Department of Public
Safety (Order Accepting Application for Writ of Certiorari). ICA mem.op., filed 07/18/2008 [pdf], 118 Haw. 317.
Application for Writ of Certiorari, filed 08/25/2008. S.Ct.
Order, filed 11/17/2008 [pdf]. S.Ct. Opinion, filed 11/18/2008 [pdf], 119 Haw. 275. |
Circuit Court, 1st Circuit |
|
|
|
10/08/2008 |
|
AIG Hawaii Insurance Company, Inc. v. State
Farm Insurance Companies (mem.op.) Application for Writ of Certiorari, filed
12/31/2008. S.Ct. Order Rejecting Application for Writ of Certiorari,
filed 02/05/2009 [pdf]. |
Circuit Court, 1st Circuit |
119 Haw. 244 |
|
|
10/08/2008 |
|
Harrell v. MRC, Inc. (Order Denying
Plaintiff-Appellant/Cross-Appellee Matthew
Harrell’s Motion for Reconsideration).
ICA
s.d.o., filed 09/12/2008 [pdf], 118 Haw.
420. |
District Court, 1st
Circuit, |
|
|
|
10/08/2008 |
S.Ct. |
State v. Gomez (Order Rejecting Application
for Writ of Certiorari). ICA s.d.o., filed 05/16/2008 [pdf], 117 Haw. 379.
Application for Writ of
Certiorari, filed 09/02/2008. S.Ct. Order Approving in Part Attorney’s Fee Request and
Compensation for Necessary Expenses, filed 11/06/2008 [pdf]. |
Circuit Court, 1st
Circuit |
|
|
|
10/08/2008 |
|
Martin v. C. Brewer and Company, Ltd.
(Order Dismissing Appeal and Cross-Appeal). |
Circuit Court, 3rd
Circuit |
|
|
|
10/09/2008 |
|
Kaleikini v. Thielen
(Order Dismissing Appeal and Cross-Appeal). |
Circuit Court, 1st
Circuit |
|
|
|
10/10/2008 |
|
|
Circuit Court, 2nd
Circuit |
|
|
|
10/10/2008 |
|
State v. Pavich (Order of Correction). ICA Opinion,
filed 09/16/2008 [pdf], 119 Haw. 74.
ICA Order Approving Attorney’s Fees Request,
filed 01/07/2009 [pdf]. |
Circuit Court, 2nd Circuit |
|
|
|
10/10/2008 |
S.Ct. |
State v. Tunoa
(Order Rejecting Application for Writ of Certiorari). ICA s.d.o., filed 05/30/2008 [pdf], 117 Haw. 524.
ICA
Order of Correction, filed 06/02/2008 [pdf].
Application for Writ of Certiorari, filed 09/19/2008. |
Circuit Court, 1st Circuit |
|
|
|
10/10/2008 |
|
In re D.V. (Order Denying
Father-Appellant’s Motion for Reconsideration). ICA s.d.o., filed 09/26/2008 [pdf], 118 Haw. 424. |
Family Court, 1st Circuit |
|
|
|
10/10/2008 |
S.Ct. |
State v. Cantiberos
(Order Dismissing Application for Writ of Certiorari). ICA s.d.o., filed 06/12/2008 [pdf], 117 Haw. 524.
ICA
Order Denying Motion for Reconsideration, filed 07/02/2008 [pdf].
Application for Writ of Certiorari, filed 09/30/2008. S.Ct. Order Denying Motion for Reconsideration, filed
10/28/2008 [pdf]. |
District Court, 3rd Circuit |
|
|
|
10/10/2008 |
|
Kersh v. O’Brien (Order Denying
Motion for Reconsideration). ICA Order
Granting September 17, 2008 Motion to Dismiss Appeal, filed 09/29/2008 [pdf]. |
Circuit Court, 1st Circuit |
|
|
|
10/13/2008 |
|
Ruiz v. State (Order Rejecting Application
for Writ of Certiorari). ICA s.d.o., filed 05/30/2008 [pdf], 117 Haw. 524.
Application for Writ of Certiorari, filed 09/03/2008. |
Circuit Court, 1st Circuit |
|
|
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10/13/2008 |
|
Conner v. Hawaii Paroling Authority (mem.op., vacated and remanded). |
Circuit Court, 1st Circuit |
|
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10/13/2008 |
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Reinking v. |
Labor and Industrial Relations Appeals Board |
|
|
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10/13/2008 |
|
Silverman v. Feather (Order Granting
October 7, 2008 Motion to Dismiss Appeal for Lack of Appellate Jurisdiction). |
Circuit Court, 3rd Circuit |
|
|
|
10/14/2008 |
S.Ct. |
|
Family Court, 1st
Circuit |
119 Haw. 1 |
|
|
10/14/2008 |
S.Ct. |
Association of Apartment Owners of the
Cliffs at Princeville v. Premier Resorts International (Order Denying Motion
for Reconsideration). J. Acoba Dissenting. S.Ct. s.d.o., filed
09/29/2008 [pdf], 118 Haw. 521.
Dissenting
Opinion by J. Acoba [pdf]. S.Ct. Order Denying Motion for Reconsideration, filed
01/20/2009 [pdf]. J. Acoba Dissenting. |
Circuit Court, 5th Circuit |
|
|
|
10/14/2008 |
|
Penaflor v. State (Order Rejecting
Application for Writ of Certiorari). ICA s.d.o., filed 06/24/2008 [pdf], 118 Haw. 318. |
Circuit Court, 2nd Circuit |
|
|
|
10/14/2008 |
S.Ct. |
The Sierra Club v. The Department of
Transportation of the State of |
Circuit Court, 2nd Circuit |
|
|
|
10/15/2008 |
|
Association of Beachouse
Owners of Kiahuna Plantation, by its Board of
Directors v. Hamlish (Order Denying Motion for
Reconsideration). |
Circuit Court, 5th Circuit |
|
|
|
10/15/2008 |
S.Ct. |
State v. Thate (Order Rejecting Application
for Writ of Certiorari). ICA s.d.o., filed 05/21/2008 [pdf], 117 Haw. 379.
ICA
Order of Correction, filed 06/06/2008 [pdf].
Application for Writ of Certiorari, filed 09/04/2008. |
Circuit Court, 1st
Circuit |
|
|
|
10/15/2008 |
S.Ct. |
Estate of Francisco Sison
vs. Estate of Ferdinand E. Marcos (Order on Certified Question). |
Original Proceeding |
|
|
|
10/15/2008 |
S.Ct. |
Williams v. Department of Public Safety,
State of |
Original Proceeding |
|
|
|
10/16/2008 |
|
Stone v. Sun and Sea Realty, Inc. (s.d.o., affirmed).
ICA
Order Denying without Prejudice Requst for
Attorney’s Fees and Costs filed on November 10, 2008, filed 12/12/2008 [pdf]. |
Circuit Court, 3rd Circuit |
118 Haw. 540 |
|
|
10/16/2008 |
|
Sylvester v. Young (Order Dismissing Appeal
for Lack of Appellate Jurisdiction). |
District Court, 5th Circuit |
|
|
|
10/17/2008 |
|
Chang v. State (s.d.o.,
affirmed). |
Circuit Court, 1st Circuit |
118 Haw. 540 |
|
|
10/17/2008 |
|
State v. Mitchell (mem.
op., vacated and remanded). |
Family Court, 1st Circuit |
|
|
|
10/17/2008 |
|
State v. |
Circuit Court, 2nd Circuit |
118 Haw. 540 |
|
|
10/17/2008 |
|
Core Realty, LLC v. Fong (s.d.o., affirmed). |
Circuit Court, 1st Circuit |
118 Haw. 540 |
|
|
10/17/2008 |
|
Williams v. State (Order Dismissing Appeal
for Lack of Appellate Jurisdiction). |
Circuit Court, 2nd Circuit |
|
|
|
10/17/2008 |
S.Ct. |
|
July 2008 Examination for Admission to the Bar of the State of |
|
|
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10/20/2008 |
S.Ct. |
Rapozo v. Better Hearing of |
District Court, 5th Circuit |
|
|
|
10/21/2008 |
S.Ct. |
State v. |
Circuit Court, 1st Circuit |
|
|
|
10/21/2008 |
|
Pono v. Molokai Ranch,
Ltd. Concurring
Opinion by J. Foley [pdf]. ICA
Order Denying Motion for Reconsideration, filed 11/06/2008 [pdf], 119 Haw. 244.
Application for Writ of Certiorari, filed 11/20/2008. S.Ct. Order Rejecting Application for Writ of Certiorari,
filed 12/29/2008 [pdf]. |
Circuit Court, 2nd Circuit |
119 Haw. 164 |
|
|
10/21/2008 |
S.Ct. |
Williams v. State (Order Dismissing
Application for Writ of Certiorari). |
Circuit Court, 1st Circuit |
|
|
|
10/22/2008 |
S.Ct. |
Martin v. Lingle
(Order). |
Original Proceeding |
|
|
|
10/23/2008 |
S.Ct. |
State v. Carlut (Order
Accepting Application for Writ of Certiorari). ICA s.d.o., filed 06/06/2008 [pdf], 117 Haw. 524.
Application for Writ of Certiorari, filed 10/03/2008. S.Ct. mem.op., filed
11/05/2008 [pdf], 120 Haw. 33. |
Family Court, 2nd Circuit |
|
|
|
10/23/2008 |
S.Ct. |
Lee v. Unciano (Order Denying Motion for Reconsideration). ICA Order Denying Appellant’s Motion for
Reconsideration of April 25, 2007 Order Granting Motion for Temporary Remand, filed 05/04/2007 [pdf]. ICA s.d.o., filed 06/26/2008 [pdf], 118 Haw. 318. |
Circuit Court, 1st Circuit |
|
|
|
10/23/2008 |
|
Maxwell v. |
Labor and Industrial Relations Appeals Board |
119 Haw. 232 |
|
|
10/24/2008 |
|
State v. Denoon
(Order Granting Motion to Dismiss Appeal as Moot). ICA Order Granting Plaintiff-Appellee’s Motion for Postponement of Oral Argument
Scheduled for October 8, 2008,
filed 09/16/2008 [pdf]. ICA
Order, filed 11/13/2008 [pdf]. |
Circuit Court, 3rd Circuit |
|
|
|
10/24/2008 |
S.Ct. |
|
Circuit Court, 1st Circuit |
119 Haw. 90 |
|
|
10/24/2008 |
|
State, Child Support Enforcement Agency v.
Roe (s.d.o., vacate parts of the 08/03/06 Decision,
vacate parts of the 11/15/06 Custody and Visitation Order, vacate last
sentence of paragraph 17 of the 08/10/07 Order After Hearing, and affirmed). |
Family Court, 3rd Circuit |
119 Haw. 232 |
|
|
10/24/2008 |
|
State v. |
Circuit Court, 3rd Circuit |
|
|
|
10/24/2008 |
|
Norwood-Ching v.
State (Order Dismissing Appeal). |
Circuit Court, 3rd Circuit |
|
|
|
10/27/2008 |
|
In the Matter of Arbitration Between United
Public Workers, AFSCME, Local 646, AFL-CIO and City and |
Circuit Court, 1st Circuit |
119 Haw. 201 |
|
|
10/27/2008 |
|
In re C.R. (s.d.o.,
affirmed). Consolidated with No.
28751. |
Family Court, 1st Circuit |
119 Haw. 232 |
|
|
10/28/2008 |
S.Ct. |
Caberto v. Maui Electric Company
(Order Rejecting Application for Writ
of Certiorari). Dissenting
Opinion by J. Acoba [pdf]. ICA s.d.o., filed 05/13/2008 [pdf], 117 Haw. 379.
ICA Order Denying Employer-Appellee
Maui Electric Company’s Motion for Retention of Oral Argument, filed 05/14/2008 [pdf]. |
Labor and Industrial Appeals Board |
|
|
|
10/28/2008 |
S.Ct. |
Gomes v. |
Circuit Court, 1st Circuit |
|
|
|
10/28/2008 |
S.Ct. |
State v. Dela
Cruz (Order Dismissing Certiorari Proceeding). ICA s.d.o., filed 01/09/2008 [pdf], 116 Haw. 464. S.Ct. Order Accepting Application for Writ of Certiorari,
filed 05/15/2008 [pdf]. S.Ct. Order Granting Motion to Continue Oral Argument,
filed 07/24/2008 [pdf]. |
Circuit Court, 1st Circuit |
|
|
|
10/28/2008 |
|
Scheffer v. Rich (Order Granting
Motion to Dismiss Appeal with Prejudice).
ICA
Order of Correction, filed 11/05/2008 [pdf]. |
Circuit Court, 5th Circuit |
|
|
|
10/28/2008 |
S.Ct. |
State v. Cantiberos
(Order Denying Motion for Reconsideration).
ICA
s.d.o., filed 06/12/2008 [pdf], 117 Haw.
524. ICA
Order Denying Motion for Reconsideration, filed 07/02/2008 [pdf].
Application for Writ of Certiorari, filed 09/30/2008. S.Ct. Order Dismissing Application for Writ of Certiorari,
filed 10/10/2008 [pdf]. |
District Court, 3rd Circuit |
|
|
|
10/29/2008 |
S.Ct. |
Gillan v. Government Employees
Insurance Company. Concurring
Opinion by J. Acoba [pdf]. ICA Opinion,
filed 04/17/2008 [pdf], 117 Haw. 465.
S.Ct. Order Granting Application for Writ of Certiorari,
filed 06/23/2008 [pdf], 118 Haw. 173 |
Circuit Court, 1st Circuit |
119 Haw. 109 |
|
|
10/29/2008 |
|
Merl v. Kong (s.d.o., affirmed). |
Circuit Court, 2nd Circuit |
119 Haw. 232 |
|
|
10/29/2008 |
|
State v. Desa (s.d.o., reversed, affirmed and remanded). ICA Order
of Correction, filed 11/24/2008 [pdf]. |
Circuit Court, 3rd Circuit |
119 Haw. 232 |
|
|
10/29/2008 |
|
Mulvey v. State, Department of
Human Services (s.d.o., affirmed). |
Circuit Court, 1st Circuit |
119 Haw. 232 |
|
|
10/29/2008 |
|
29018 [pdf] |
State v. |
Circuit Court, 3rd Circuit |
|
|
10/29/2008 |
S.Ct. |
Boles v. Engle (Order Rejecting Application
for Writ of Certiorari). ICA Order Granting Plaintiffs-Appellees’ June 12, 2008 Motion to Dismiss Appeal,
filed 07/10/2008 [pdf]. ICA
Order Denying Defendant-Appellant Clyde Engle’s July 21, 2008 Motion for
Reconsideration of the July 10, 2008 Dismissal Order, filed 08/06/2008 [pdf]. |
Circuit Court, 2nd Circuit |
|
|
|
10/29/2008 |
|
In re Guardianship of Carlsmith
(Order Dismissing Appeal for Lack of Appellate Jurisdiction). |
Family Court, 1st Circuit |
|
|
|
10/29/2008 |
|
State v. Brooks (Order Dismissing Appeal). |
Circuit Court, 1st Circuit |
|
|
|
10/30/2008 |
S.Ct. |
State v. Kini
(Order Rejecting Application for Writ of Certiorari). ICA s.d.o., filed 07/14/2008 [pdf], 118 Haw. 319.
Concurring
Opinion by J. Watanabe [pdf].
Application for Writ of Certiorari, filed 08/18/2008. S.Ct. Order Dismissing Application for Writ of Certiorari
without Prejudice, filed 08/25/2008 [pdf]. |
Circuit Court, 1st Circuit |
|
|
|
10/30/2008 |
|
State v. Cruce (s.d.o., reversed).
ICA
Order of Correction, filed 11/24/2008 [pdf]. |
Circuit Court, 1st Circuit |
119 Haw. 232 |
|
|
10/30/2008 |
|
State v. Kalua (s.d.o., affirmed).
Application for Writ of Certiorari, filed 02/11/2009. S.Ct. Order Rejecting Application for Writ of Certiorari,
filed 03/24/2009 [pdf]. |
Circuit Court, 2nd Circuit |
119 Haw. 232 |
|
|
10/30/2008 |
|
Adora v. State (s.d.o., affirmed).
Application for Writ of Certiorari, filed 11/20/2008. S.Ct. Order Rejecting Application for Writ of Certiorari,
filed 12/12/2008 [pdf]. |
Circuit Court, 1st Circuit |
119 Haw. 232 |
|
|
10/30/2008 |
|
State v. Woodfall
(s.d.o., affirmed). Application for Writ of Certiorari, filed
01/20/2009. S.Ct. Order Accepting Application for Writ of Certiorari,
filed 02/18/2009 [pdf]. S.Ct. Opinion, filed 04/29/2009 [pdf], 120 Haw. 387.
S.Ct. Order of Correction, filed 05/15/2009 [pdf]. S.Ct. Order, filed 07/01/2009 [pdf]. |
Circuit Court, 1st Circuit |
119 Haw. 232 |
|
|
10/30/2008 |
|
Murauskas v. Gusman
(Order Dismissing Appeal for Lack of Appellate Jurisdiction). ICA Order
Denying the November 17, 2008 Motion to Grant Additional Time to File an HRAP
Rule 40 Motion for Reconsideration, filed 11/21/2008 [pdf]. ICA
Order Denying Plaintiff-Appellant Keith Murauskas’s
December 17, 2008 HRAP Rule 40 Motion for Reconsideration, filed
12/23/2008 [pdf].
Application for Writ of Certiorari, filed 01/26/2009. S.Ct. Order Rejecting Application for Writ of Certiorari,
filed 02/23/2009 [pdf]. |
Circuit Court, 1st Circuit |
|
|
|
10/30/2008 |
S.Ct. |
Kaho‘ohalahala v. Hiraga
(Order) |
Original Proceeding |
|
|
|
10/31/2008 |
|
Kay v. Kaiser Foundation Health Plan,
Inc. S.Ct. Order Rejecting Application for Writ of Certiorari,
filed 06/16/2009 [pdf]. |
Circuit Court, 1st Circuit |
119 Haw. 219 |
|
|
10/31/2008 |
|
Bats v. Mertlzer
(s.d.o., affirmed). |
District Court, 3rd Circuit |
119 Haw. 232 |
|
|
10/31/2008 |
|
Barbee v. The Queen’s |
Circuit Court, 1st Circuit |
119 Haw. 244 |
|
|
10/31/2008 |
|
Barbee v. The Queen’s |
Circuit Court, 1st Circuit |
119 Haw. 136 |
|
|
10/31/2008 |
|
In re Guardianship of Doe. |
Family Court, 2nd Circuit |
119 Haw. 234 |
|
|
10/31/2008 |
|
Guray v. Tacras. |
Circuit Court, 1st Circuit |
119 Haw. 212 |
|
|
|
|
|
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