No. 29744 (November 5, 2009)Opinion pdfOPINION OF THE COURT BY DUFFY, J.The United States District Court for the District of Hawai’i (District Court) certified the following question of law to the Hawai’i Supreme Court:Where a mortgagor cures its default prior to foreclosure proceeding pursuant to [Hawai’i Revised Statutes (HRS)] § 667-5, but an auction
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STATE OF HAWAII v. WERLE
No. 28653 (November 3, 2009)Opinion pdfOPINION OF THE COURT BY DUFFY, J.On July 29, 2009, this court accepted a timely application for a writ of certiorari filed on June 22, 2009 by petitioner/defendant-appellant William Edward Werle (Werle) seeking review of the March 25, 2009 judgment of the Intermediate Court of Appeals (ICA) based on…
GARNER v. STATE OF HAWAII, DEPARTMENT OF EDUCATION
No. 27912 (October 30, 2009)Opinion pdfOPINION OF THE COURT BY LEONARD, J.This interlocutory appeal and cross-appeal stem from two consolidated class-action lawsuits brought by substitute teachers (Plaintiffs or Substitute Teachers) who claimed that they were underpaid by the State of Hawai’i Department of Education (DOE). In Civil No. 03-1-0305 (Garner Action), Plaintiffs-Appellants/Cross-Appellees David Garner,…
OFFICE OF HAWAIIAN AFFAIRS v. HOUSING AND COMMUNITY DEVELOPMENT CORP. OF HAWAII
No. 25570 (October 27, 2009)Opinion pdf
OPINION OF THE COURT BY MOON, C.J.On July 15, 2009, defendants-appellees State of Hawai’i (State), the Housing and Community Development Corporation of Hawai’i (HCDCH) and its executive director and board of directors, as well as Linda Lingle, in her capacity as Governor of the State [hereinafter, collectively, the State]…
DUPREE v. HIRAGA
No. 29646 (October 20, 2009)Opinion pdfOPINION OF THE COURT BY RECKENWALD, J.Roy T. Hiraga and Solomon P. Kaho’ohalahala appeal from the November 1, 2008 decision of the Board of Registration for Maui County (Board) which determined that Kaho’ohalahala was not a resident of Lana’i “[f]or purposes of [the November 2008] election [ . ]”The…
WEINBERG v. WEINBERG
No. 27984 (October 14, 2009)Opinion pdfOPINION OF THE COURT BY WATANABE, J.In this appeal, Defendant-Appellant Brenda Irene Dickson-Weinberg (Wife or Defendant) challenges (1) the divorce decree entered by the Family Court of the First Circuit (family court) on May 18, 2006 (Divorce Decree), which ended her marriage to Plaintiff-Appellee Jan Michael Weinberg (Husband or…
STATE v. ASSAYE
No. 29078 (September 30, 2009)Opinion pdfOPINION OF THE COURT BY NAKAYAMA, J.Petitioner-Defendant-Appellant, Abiye Assaye (“Assaye”), has applied for a writ of certiorari from the Intermediate Court of Appeals’ (“ICA”) January 13, 2009 summary disposition order affirming the District Court of the First Circuit’s (“trial court’s”) judgment convicting Assaye of the offense of excessive speeding,…
LEE v. HAWAII PACIFIC HEALTH
No. 28549 (September 29, 2009)Opinion pdfOPINION OF THE COURT BY LEONARD, JJ.I. OVERVIEWRoss Takehiko Unebasami (Ross) was born on June 16, 1982. In 2000, when he was seventeen years old, he was diagnosed with acute lymphoblastic leukemia. Ross was initially treated with chemotherapy, but after a relapse that began in February of 2003, Ross…
IN RE HONOLULU COMMUNITY-MEDIA COUNCIL, SOCIETY OF PROFESSIONAL JOURNALISTS, HAWAII CHAPTER
No 30046 (Sept. 11, 2009)Opinion pdfPER CURIAMBy means of an August 28, 2009 letter to the Chief Justice, the Honolulu Community-Media Council and the Society of Professional Journalists (Petitioners) seek waiver of fees for copying judicial financial disclosure statements. We accept the letter as a “motion for waiver of copying fees” in an original…
STATE OF HAWAII v. DOMINGO
No. 29224 (Sept. 11, 2009)Opinion pdfOPINION OF THE COURT BY LEONARD, J.Defendant-Appellant Fredy Domingo (Domingo) appeals from the Judgment of Conviction and Probation Sentence entered on June 2, 2008 (Judgment) in the Circuit Court of the First Circuit (Circuit Court).Domingo entered a plea of no contest to the offense of Accidents Involving Death or…