Supreme Court of Hawaii Decisions 2014
Date: December 31, 2014
Docket Number: SCWC-12-0000036
Date: December 24, 2014
Docket Number: SCEC-14-0001317
Justia Opinion Summary: Plaintiff filed a complaint contesting the second special election for councilmember for District IV, City and County of Honolulu, alleging errors in the counting of the votes and the handling of the ballots. Plaintiff,…
Date: December 23, 2014
Docket Number: SCWC-12-0000052
Justia Opinion Summary: After a trial, Defendant was convicted of committing the offense of prostitution. Defendant appealed, contending that there was insufficient evidence to prove the commission of a prostitution offense. The Intermediate…
Date: December 22, 2014
Docket Number: SCWC-11-0000594
Justia Opinion Summary: The Kahala Hotel and Resort collected a nineteen percent service charge on the purchase of food and beverages at Jason Kawakami’s reception. The hotel retained fifteen percent of the service charge as a “management…
Date: December 10, 2014
Docket Number: SCWC-12-0000962
Justia Opinion Summary: Defendant was charged with assault against a law enforcement officer in the second degree, resisting arrest, and disorderly conduct. Before trial, the circuit court denied defense counsel’s motion for withdrawal and…
Date: December 4, 2014
Docket Number: SCEC-14-0001285
Justia Opinion Summary: Plaintiff filed an election complaint to contest the November 2014 general election. Plaintiff was not listed on the ballot as a candidate for any officer in the November 2014 general election. Defendants moved to…
Date: December 4, 2014
Docket Number: SCWC-11-0000660
Date: December 4, 2014
Docket Number: SCWC-13-0003857
Date: November 28, 2014
Docket Number: SCWC-12-0000808
Justia Opinion Summary: Mother and Father, who were never married, were the biological parents of two minor children. Father sought custody of the children and sought to exclude Mother from visitation. The family court decided to consider the…
Date: November 25, 2014
Docket Number: SCAP-13-0000091
Justia Opinion Summary: In 1989, land in Waikoloa on Hawai’i Island was reclassified from agricultural to urban to allow for the development of a residential community. The reclassification was made subject certain conditions. The land changed…
Date: November 20, 2014
Docket Number: SCWC-12-0000866
Date: November 13, 2014
Docket Number: SCWC-10-0000150
Justia Opinion Summary: Plaintiff sued the County of Hawai’i for negligence, alleging that it breached a legal duty to use reasonable care in maintaining pertinent correspondence in its property files contained in the Planning Department and…
Date: November 13, 2014
Docket Number: SCWC-11-0000151
Justia Opinion Summary: Ralph Mitchell, a condominium owner in the Association of Apartment Owners of Discovery Bay (“AOAO”), submitted a petition to the AOAO to conduct a special meeting of the AOAO to remove one or more of the AOAO Board…
Date: November 6, 2014
Docket Number: SCWC-11-0000660
Date: November 3, 2014
Docket Number: SCOT-14-0001188
Date: October 31, 2014
Docket Number: SCWC-13-0000137
Justia Opinion Summary: Plaintiffs, individually and on behalf of all persons similarly situated, filed a first amended class action complaint alleging that Gentry Homes, Ltd. constructed Plaintiffs’ home without adequate high wind protection.…
Date: October 31, 2014
Docket Number: SCWC-30517
Date: October 30, 2014
Docket Number: SCAP-13-0002408
Justia Opinion Summary: In 2012, the Land Use Commission (LUC) granted Horton-Schuler Homes LLC’s petition to reclassify certain lands in ‘Ewa District, O’ahu from agricultural to urban use subject to certain conditions. The Sierra Club filed a…
Date: October 30, 2014
Docket Number: SCPW-14-0001154
Date: October 24, 2014
Docket Number: SCAD-14-0001039
Date: October 23, 2014
Docket Number: SCWC-12-0000867
Justia Opinion Summary: This appeal arose from a property title dispute between Defendant, who purchased the property in 2007, and Plaintiff, which later acquired a quitclaim deed to the property following a judicial foreclosure. After…
Date: October 6, 2014
Docket Number: SCWC-13-0000058
Date: October 1, 2014
Docket Number: July2014Bar
Date: September 29, 2014
Docket Number: SCWC-11-0000616
Date: September 25, 2014
Docket Number: SCWC-12-0000036
Date: September 24, 2014
Docket Number: SCWC-13-0000087
Justia Opinion Summary: Defendant was charged with and convicted of the offense of solicitation with animals in Waikiki Special District based on “an exchange of cash immediately following the activity of picture taking” with Defendant’s birds.…
Date: September 22, 2014
Docket Number: SCWC-30509
Date: September 19, 2014
Docket Number: SCWC-30509
Date: September 17, 2014
Docket Number: SCWC-13-0000058
Date: September 12, 2014
Docket Number: SCWC-13-0000182
Date: September 11, 2014
Docket Number: SCWC-30485
Date: September 5, 2014
Docket Number: SCAP-30603
Date: August 28, 2014
Docket Number: SCEC-14-0001070
Justia Opinion Summary: At issue in the case was a proclamation made by Chief Election Officer Scott Nago on Friday August 8, 2014 that closed two polling places on the Big Island and postponed the elections for Precincts 04-01 and 04-02. The…
Date: August 28, 2014
Docket Number: SCEC-14-0001072
Justia Opinion Summary: Plaintiff Nelson Waikiki, Jr. was one of seven candidates for the Maui County Mayoral seat in the August 9, 2014 special primary election. Plaintiff received the fourth highest number of votes in the election. On August…
Date: August 13, 2014
Docket Number: SCWC-30485
Date: August 7, 2014
Docket Number: SCWC-11-0001074
Justia Opinion Summary: During their marriage, Ray and Sandra signed three documents establishing the division and distribution of their martial partnership property upon divorce. The documents included a handwritten document, a memorandum of…
Date: August 5, 2014
Docket Number: SCPW-14-0000884
Date: August 5, 2014
Docket Number: SCPW-14-0000973
Date: July 31, 2014
Docket Number: SCWC-13-0000127
Justia Opinion Summary: Oahu Publications (“OP”) successfully obtained a judgment against the Governor and was awarded attorneys’ fees. The Governor appealed the attorneys' fees award. The Intermediate Appellate Court (ICA) dismissed the appeal…
Date: July 16, 2014
Docket Number: SCPW-13-0003250
Justia Opinion Summary: During the trial of State v. Deedy and on the fifth day of jury deliberations, the circuit court conducted five separate court proceedings that were not open to the public. The transcripts from the court sessions were…
Date: July 16, 2014
Docket Number: SCWC-12-0000926
Date: July 15, 2014
Docket Number: SCWC-12-0000901
Date: July 11, 2014
Docket Number: SCWC-13-0000022
Justia Opinion Summary: Appellant was permanently incapacitated while lifting boxes during a work shift for the City and County of Honolulu. Appellant applied for service-connected disability retirement benefits with the Board of Trustees of…
Date: July 10, 2014
Docket Number: SCWC-11-0000375
Date: July 10, 2014
Docket Number: SCWC-13-0000028
Date: June 24, 2014
Docket Number: SCPW-14-0000881
Date: June 24, 2014
Docket Number: SCWC-12-0001070
Date: June 10, 2014
Docket Number: SCWC-11-0000350
Date: June 9, 2014
Docket Number: SCWC-30286
Date: June 6, 2014
Docket Number: SCWC-13-0001659
Date: June 5, 2014
Docket Number: SCWC-30606
Justia Opinion Summary: These appeals stemmed from an action Plaintiff filed against Hawaii Employers Medical Insurance Company (HEMIC) and others. Plaintiff eventually filed separate appeals regarding two orders of the circuit court granting…
Date: June 4, 2014
Docket Number: SCWC-11-0000151
Date: June 3, 2014
Docket Number: SCPW-13-0005657
Date: May 14, 2014
Docket Number: SCWC-12-0000865
Date: May 9, 2014
Docket Number: SCWC-11-0000333
Date: May 5, 2014
Docket Number: February2014Bar
Date: April 17, 2014
Docket Number: CAAP-13-0000093
Justia Opinion Summary: Appellant, an inmate in custody, filed a petition post-conviction relief under Haw. R. Penal P. 40, alleging that he was incompetent to stand trial, his trial counsel and appellate counsel provided ineffective…
Date: April 15, 2014
Docket Number: SCWC-13-0000022
Date: April 11, 2014
Docket Number: SCPW-14-0000622
Date: March 24, 2014
Docket Number: SCWC-10-0000005
Date: March 14, 2014
Docket Number: 29440
Date: March 7, 2014
Docket Number: SCWC-29440
Date: March 6, 2014
Docket Number: SCWC-12-0000422
Date: February 28, 2014
Docket Number: SCWC-12-0000007
Justia Opinion Summary: Defendant was charged with murder in the second degree. After a jury trial, Defendant was convicted of reckless manslaughter. On appeal, Defendant argued that the trial court erred when it declined to instruct the jury…
Date: February 28, 2014
Docket Number: SCWC-12-0000505
Justia Opinion Summary: United Public Workers, AFSCME, Local 646, AFL-CIO (“UPW”) filed an action on behalf of the employees it represented, alleging (1) then-Governor Lingle and members of her administration retaliated against UPW members for…
Date: February 28, 2014
Docket Number: SCWC-29440
Justia Opinion Summary: Kauai Springs, Inc., a water bottling and distribution company, filed an application for three zoning permits related to the continued operation of its water bottling facility on land located in Koloa, Kauai. The…
Date: February 28, 2014
Docket Number: SCWC-30070
Justia Opinion Summary: In 2000, Colleen Collins and John Wassell were joined as a married couple in a ceremony. After the marriage ceremony, the couple did not submit the completed license and certificate of marriage to the State Department of…
Date: February 28, 2014
Docket Number: SCWC-30186
Justia Opinion Summary: The State filed a misdemeanor complaint against Defendant charging him with one count of abuse of a family or household member (domestic abuse). The complaint stated that Defendant engaged in the abuse for more than two…
Date: February 27, 2014
Docket Number: SCPW-13-0000092
Justia Opinion Summary: Richard Cohan sued Marriott Hotel Services and RRB Restaurants for damages he incurred when he was injured at a restaurant at Marriott’s. The case was placed in the Court Annexed Arbitration Program. Marriott asked Cohan…
Date: February 27, 2014
Docket Number: SCWC-12-0000295
Justia Opinion Summary: The Hawaii State Teachers Association (HSTA) filed a grievance against the University Laboratory School (ULS), alleging that the ULS refused to implement the proper salary placement for teachers as agreed to in a…
Date: February 27, 2014
Docket Number: SCWC-30683
Justia Opinion Summary: Plaintiff, a ward at a youth correctional facility, filed a complaint against Scott Rosete, a youth correctional officer, in his individual and official capacities, the State, and other defendants, alleging assault and…
Date: February 26, 2014
Docket Number: SCWC-12-0000074
Justia Opinion Summary: After a trial, Defendant was convicted of operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant. On appeal, the intermediate court of…
Date: February 25, 2014
Docket Number: SCAP-12-0000764
Justia Opinion Summary: Raymond Gurrobat, individually and on behalf of a class of similarly situated persons, filed an action against HTH Corporation and Pacific Beach Corporation (collectively, Defendants), asserting claims of unlawful…
Date: February 24, 2014
Docket Number: SCPW-14-0000413
Date: February 21, 2014
Docket Number: SCWC-11-0000460
Justia Opinion Summary: John McLaren represented a claimant in a workers’ compensation case before the Disability Compensation Division (“Division”) of the Department of Labor and Industrial Relations (“Department”) that resulted in a…
Date: February 19, 2014
Docket Number: SCWC-30142
Justia Opinion Summary: Homeowners filed a complaint against the County and certain Developers, alleging that the Mayor had unlawfully exempted certain projects from a height restriction law (“Law”). On December 31, 2008, the circuit court…
Date: February 14, 2014
Docket Number: SCAP-12-0000789
Justia Opinion Summary: Plaintiff brought a claim against the State Procurement Policy Board challenging the validity of Haw. Admin. R. 3-122-66, claiming it was contrary to the “minimum of three” persons requirement in Haw. Rev. Stat.…
Date: February 14, 2014
Docket Number: SCWC-11-0000592
Justia Opinion Summary: Petitioner was convicted of several drug-related offenses. The Hawaii Paroling Authority (HPA) fixed minimum terms of imprisonment and categorized Petitioner as a Level III offender. After the ICA reversed one of…
Date: February 14, 2014
Docket Number: SCWC-11-0000667
Justia Opinion Summary: Defendant John Walton and his codefendant, Courage Lee Elkshoulder, were indicted for attempted murder in the second degree and robbery in the first degree. The circuit court consolidated Walton’s and Elkshoulder’s…
Date: February 14, 2014
Docket Number: SCWC-11-0001065
Justia Opinion Summary: AS, a minor child, was taken into foster custody after her birth. The Department of Human Services (DHS) recommended that AS be placed permanently with her maternal aunt. The family court, however, awarded custody of AS…
Date: February 14, 2014
Docket Number: SCWC-28358
Justia Opinion Summary: After a contested case hearing, the Board of Land and Natural Resources (BLNR) entered an order imposing a financial assessment for damages to state conservation land against Pila’a 400, LLC. Specifically, the BLNR held…
Date: February 14, 2014
Docket Number: SCWC-29352
Justia Opinion Summary: The State filed a third amended complaint seeking a declaratory judgment that public funds ported to certain unions under the Hawaii Public Employees Health Fund’s porting program exceeded the amounts allowed by law. The…
Date: February 14, 2014
Docket Number: SCWC-29550
Justia Opinion Summary: Defendant was convicted of sexual assault in the fourth degree for allegedly fondling the breast of the complaining witness while she slept. The intermediate court of appeals affirmed. The Supreme Court vacated the…
Date: February 14, 2014
Docket Number: SCWC-30205
Justia Opinion Summary: William and Maryann Acker, a married couple, were involved in a string of crimes in California and Hawaii in 1978. In California, Maryann was convicted of Cesario Arauza’s murder. In Hawaii, William pleaded guilty to…
Date: February 13, 2014
Docket Number: SCCQ-12-0000977
Justia Opinion Summary: VP & PK purchased an insurance policy from Lexington Insurance Company for work on a construction site. Kila Kila, one of VP & PK’s subcontractors, purchased an insurance policy from Nautilus Insurance Company. Both…
Date: February 13, 2014
Docket Number: SCWC-11-0000374
Justia Opinion Summary: After a bench trial, the district court convicted Defendant of exceeding the speed limit, finding that the State met its burden of proof that Defendant’s vehicle was traveling sixty-five miles per area in an area where…
Date: February 13, 2014
Docket Number: SCWC-28516
Justia Opinion Summary: Plaintiff filed a complaint against his former employer and supervisors, alleging that he suffered discriminatory conduct while employed as a car salesman. Plaintiff asserted claims for state harassment and retaliation,…
Date: February 12, 2014
Docket Number: SCPW-13-0004393
Date: February 12, 2014
Docket Number: SCPW-14-0000340
Date: February 12, 2014
Docket Number: SCPW-14-0000415
Date: February 12, 2014
Docket Number: SCWC-10-0000109
Justia Opinion Summary: Defendant entered a no contest plea to a charge of sexual assault in the third degree. Defendant later tested positive for methamphetamine use in violation of his probation. Defendant’s probation officer subsequently…
Date: February 12, 2014
Docket Number: SCWC-10-0000181
Justia Opinion Summary: This case concerned the Marn Family Litigation, which had been ongoing for nearly fifteen years and concerned the ownership and control of the Marn family business. Petitioner Alexander Marn filed the instant appeal…
Date: February 12, 2014
Docket Number: SCWC-11-0000512
Justia Opinion Summary: In 1997, the Child Support Enforcement Agency (CSEA) recorded a statutory lien on Petitioner’s real and personal property for delinquent child support. More than a decade later, a law firm agreed to Appellant in an…
Date: February 12, 2014
Docket Number: SCWC-30108
Date: February 10, 2014
Docket Number: SCWC-30171
Justia Opinion Summary: After a jury trial, Petitioner was convicted of murder in the second degree and sentenced to life imprisonment with the possibility of parole. On appeal, Petitioner argued that the circuit court abused its discretion…
Date: February 6, 2014
Docket Number: SCWC-11-0000758
Justia Opinion Summary: After a jury trial, Defendants, father and son, were found guilty of assault in the first degree and sentenced to ten years of imprisonment. The father (Defendant) appealed, arguing in relevant part that the prosecutor…
Date: February 6, 2014
Docket Number: SCWC-11-0000774
Justia Opinion Summary: The State charged Defendant, a native Hawaiian, of operating a vehicle under the influence of an intoxicant (OVUII). Defendant appealed, arguing, among other things, that he was denied due process because the complaint…
Date: February 3, 2014
Docket Number: SCWC-13-0000040
Date: February 3, 2014
Docket Number: SCWC-28958
Date: January 31, 2014
Docket Number: SCWC-29688
Justia Opinion Summary: Defendant was charged with committing the offense of assault in the third degree and was convicted as charged. Defendant appealed, arguing that he was not adequately informed of his right to testify. The Supreme Court…
Date: January 31, 2014
Docket Number: SCWC-30701
Justia Opinion Summary: Petitioner was adjudged guilty of operating a vehicle under the influence of an intoxicant in violation of Haw. Rev. Stat. 291E-61(a)(1). Petitioner challenged the sufficiency of the complaint against her for the first…
Date: January 30, 2014
Docket Number: SCPW-14-0000381
Date: January 30, 2014
Docket Number: SCWC-11-0000550
Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary in the first degree and unauthorized entry into motor vehicle in the first degree. According to the State, Defendant’s co-defendant entered Jennifer Kincaid’s…
Date: January 30, 2014
Docket Number: SCWC-12-0000819
Date: January 28, 2014
Docket Number: SCWC-11-0000765
Justia Opinion Summary: The family court convicted Defendant of harassment in violation of Haw. Rev. Stat. 711-1106(1)(a). The intermediate court of appeals (ICA) vacated the family court’s judgment of conviction and sentence, holding that the…
Date: January 28, 2014
Docket Number: SCWC-29794
Justia Opinion Summary: The State charged three defendants (collectively, Petitioners) of entering or remaining within the Kaho’olawe Island Reserve without being specifically authorized to do so, thereby committing the offense of entrance into…
Date: January 27, 2014
Docket Number: SCWC-11-0000344
Justia Opinion Summary: Petitioner was convicted of excessive speeding and no motor vehicle insurance. Petitioner appealed, arguing that the State did not lay sufficient foundation for the admission of the laser gun reading. The intermediate…
Date: January 27, 2014
Docket Number: SCWC-11-0000666
Justia Opinion Summary: After a bench trial, Petitioner was convicted of abuse of a family or household member. On appeal, Petitioner argued that the family court did not ensure that he had “fully” waived his right to a jury trial. The…
Date: January 27, 2014
Docket Number: SCWC-30573
Justia Opinion Summary: The owner of certain property and surveying company filed a shoreline certification application with the Department of Land and Natural Resources for the property. Petitioners filed a notice of appeal of the proposed…
Date: January 24, 2014
Docket Number: SCWC-12-0000711
Justia Opinion Summary: In this dispute over a real estate transaction contract, final partial judgment and final judgment were entered against Szymanski. On September 19, 2011, Szymanski moved for reconsideration of the final partial and final…
Date: January 23, 2014
Docket Number: SCWC-11-0000775
Justia Opinion Summary: Petitioner filed a workers’ compensation claim with the Director of Labor and Industrial Relations seeking compensation for the aggravation of his asthma resulting from his exposure to vog while working as a school…
Date: January 22, 2014
Docket Number: SCWC-12-0000266
Justia Opinion Summary: At issue in this case was a forty-nine acre parcel of land. After the County of Hawai’i and the County Planning Director (collectively, County Defendants) gave the subject property’s owners approval to subdivide the…
Date: January 22, 2014
Docket Number: SCWC-30559
Justia Opinion Summary: Defendant was tried for attempted murder in the second degree. During the proceedings, Defendant expressed his desire to proceed pro se. The circuit court determined that Defendant waived his right to counsel, and…
Date: January 15, 2014
Docket Number: SCWC-11-0000064
Justia Opinion Summary: Defendant was convicted of murder in the second degree and several other charges. At issue before the Supreme Court was whether the circuit court plainly erred in excluding expert testimony on cocaine use where the…
Date: January 15, 2014
Docket Number: SCWC-11-0000127
Justia Opinion Summary: Petitioner was convicted of one count of operating a vehicle under the influence of an intoxicant (Count I) and one count of accidents involving damage to vehicle or property (Count II). The intermediate court of appeals…
Date: January 15, 2014
Docket Number: SCWC-11-0000427
Justia Opinion Summary: Petitioner was convicted of excessive speeding. The intermediate court of appeals (ICA) affirmed. Petitioner sought review of the judgment of the ICA, challenging for the first time the sufficiency of the charge on the…
Date: January 15, 2014
Docket Number: SCWC-29454
Justia Opinion Summary: Petitioners filed a complaint against Respondents for violations of the Uniform Fraudulent Transfers Act (UFTA). The circuit court dismissed the action without discussing Respondents’ argument that Petitioners’ claim was…
Date: January 15, 2014
Docket Number: SCWC-29655
Justia Opinion Summary: Petitioner was convicted of prostitution. The intermediate court of appeals (ICA) affirmed. The ICA sua sponte raised the issue of whether the charge was deficient for failing to allege the requisite mens rea, which was…
Date: January 14, 2014
Docket Number: SCWC-13-02000424
Date: January 10, 2014
Docket Number: SCWC-11-0000625
Date: January 10, 2014
Docket Number: SCWC-12-0001024
Justia Opinion Summary: Trustee alleged that Defendants owned an interest in a parcel of land and moved for summary judgment to partition their interest along with the remainder of the parcel. The circuit court granted summary judgment for…
Date: January 10, 2014
Docket Number: SCWC-29934
Justia Opinion Summary: The district court adjudged Petitioner guilty of operating a vehicle under the influence of an intoxicant (OVUII). The intermediate court of appeals (ICA) affirmed. The Supreme Court reversed, holding (1) the district…
Date: January 8, 2014
Docket Number: SCPW-13-0005089
Date: January 7, 2014
Docket Number: SCWC-30644
Justia Opinion Summary: Because of a property dispute, Petitioner filed a complaint against Respondents. The trial court granted Respondents judgment as a matter of law (JMOL) on Petitioner’s breach of fiduciary duty claim. The jury then…
Date: January 6, 2014
Docket Number: SCWC-12-0000521
Justia Opinion Summary: The Department of Human Services (DHS) filed a petition for temporary foster custody over Mother’s son, T.M. At a combined permanency hearing and termination of parental rights hearing several months later, Mother was…
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