State v. Nagamine (ICA February 26, 2025). Bryson Nagamine pleaded no contest to habitually operating a vehicle
under the influence of an intoxicant. HRS § 291E-61.5. The circuit court—the
Honorable Judge Kathleen Watanabe presiding—sentenced him to five years
probation and imposed the Internet Crimes Against Children fee in the amount of
$100.00 over his objection.
B. Lowenthal
Website:
http://hawaiiopinions.blogspot.com/
Highlighting the difference between inadequate notice and a defective complaint
By Unknown
State v. Aquino (HSC June 28, 2024)
Background. Alexander Aquino was charged with unlawful imprisonment
in the first degree. HRS § 707-721(1)(a). Here is the charge:
On or about the August 1,
2020 through August 21, 2021, in Kona, County and State of Hawai‘i, ALEXANDER
AQUINO, as a principle [sic] or accomplice, knowingly…
When it comes to determining an "interrogation," there are no exceptions
By Unknown
State v. Hoffman (HSC October 17, 2024)
Background. Officer Warren Tavares is an officer with the
Department of Land and Natural Resources on the leeward side of Kauai. He saw Randall
Hoffman dumping green waste in a trailer attached to a truck. Officer Tavares
stopped, approached Hoffman, and pointed to a sign that stated…
From leading questions to closing argument: a steady drip of prosecutorial misconduct
By Unknown
State v. Cardona (HSC September 20, 2024)
Background. Oscar Cardona was indicted with murder in the
second degree. Before trial, he notified the court and the prosecution that he
suffers from an eye disease called myopic degeneration, has extremely blurred
vision, and wears glasses. At the time of the incident, his glasses were
damaged…
ICA: poor people outside the circuit of their trial either appear in chains and in custody or pay their own way
By Unknown
State v. Campbell (ICA September 19, 2024)
Background. Corey Campbell was charged with assaulting a
police officer in the first degree and two petty misdemeanors while she was on
vacation from Massachusetts. She was arrested and detained because she could
not afford to bail out. The court let her out on conditions of release…
HSC doesn’t wait for Rule 40 to find defense counsel ineffective for failing to file a motion to suppress
By Unknown
State
v. Yuen (HSC
August 20, 2024)
Background. Charles Tung Ming Yuen was charged with driving under
the influence of an intoxicant. The charge arose from a motor vehicle collision
that occurred approximately fifty feet from the O’Malley Gate just outside of
the Joint Base Pearl Harbor-Hickam in Honolulu. Two vehicles were approaching the…
ICA determines when a “modification” to probation terms is also an “enlargement” invoking the tolling statute
By Unknown
State v. Wilbur-Delima (ICA July 29, 2024)
Background. Kamalei Wilbur-Delima was charged with multiple
offenses in three different felony cases. He was sentenced to probation but it
was revoked. He also picked up another felony case. He eventually pleaded
guilty and was sentenced and resentenced to probation. The judgment of conviction
and the resentencing…
Attempted robbery is a crime when you attempt or threaten force, just not when you actually use force
By B. Lowenthal
State v. Sing (HSC June 28, 2024)
Background. John Sing and Abraham Sionesini were charged with
robbery in the second degree. Wesley Mau was sitting on a bench in Waikiki when
Sing and Sionesini came up to him. Sionesini said, “I want your watch” and
grabbed the watch on Mau’s wrist. Mau pulled his…
HSC strikes down proof-of-compliance hearings for defendants who aren’t on probation and haven’t defaulted
By B. Lowenthal
State
v. Fay (HSC
June 17, 2024)
Background. Melissa Fay crashed her car into a tree and was
charged with traffic offenses in the district court. She pleaded no contest to
driving under the influence of an intoxicant, driving without insurance, and
the amended charge of criminal property damage in the fourth degree. She…
A divided jury can still be unanimous (sometimes)
By B. Lowenthal
State v. Tran (HSC June 4, 2024)
Background. In 2006, the Hawai’i Constitution was amended to
get around the ruling in State v. Arceo, 84 Hawai’i 1, 928 P.2d 843
(1996):
In continuous sexual assault
crimes against minors younger than fourteen years of age, the legislature may
define:
1.
What behavior constitutes…