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Showing posts from August, 2012

ICA: Equitable Contribution Action not in Nature of Assumpsit (so no Fees)

Kim v. Kam (ICA August 10, 2012)Background. Robert Kim, Nancy Kam, and others entered into an attorney-client contract with Matthew Pyun to represent them in bringing an action against their older brother and his handling of their deceased mother's property. Under the contract, Pyun was paid $45,000 and 25% contingency of any amount received through settlement, judgment, or award. The case settled. Based on the value of the recovered property, Pyun sent a bill of $917,529.12 to the parties. When they failed to pay, Pyun sued them. The court ultimately entered judgment against the parties and for Pyun. They ended up settling with Pyun for $767,000. They agreed that as long as they complied with the settlement, Pyun would agree not to enforce the judgment. If the parties breached the settlement agreement, however, the judgment would be immediately enforceable. Kam and the others paid Pyun only $736,000.Years later, Kim tried to refinance the property, but discovered that Pyun put a …

Trial Court's Discretion in Limiting Cross Examination must Yield to Confrontation Clause

State v. Levell (HSC August 8, 2012)Background. Donald Levell was charged with a single count of harassment (HRS § 711-1106(1)(a)) for allegedly shoving Malia Avila. Before trial, Levell moved for permission to cross-examine Avila about an incident in which she allegedly stole Levell's credit cards and used them after he had been arrested for harassment. Levell argued that the incident was a motive for Avila to fabricate the harassment accusation and to testify falsely at trial. The prosecution objected on the grounds that the incident was irrelevant. The district court denied the motion and refused to allow Levell cross-examine Avila about the credit card theft on the grounds that it was "not relevant to the elements of harassment[.]" And although it was evidence of a potential motive for Avila to fabricate her story, the evidence was highly prejudicial because the theft case was still being investigated, and thus, the cross-examination may cause Avila to violate her ri…

Knowing About Contraband and Having the Ability to Control or Exercise Dominion over it does not Presume Intent to do that.

State v. Foster (HSC July 31, 2012)Background. One summer's night near Kaupo--a remote part on the East side of Maui--DLNR officers were patrolling for unlawful night hunting when they noticed a bright light roving back and forth. The officers caught up to the light and found a 4Runner. Foster was in the driver's seat and Malano was riding shotgun. Wendy Gonsalves and Malia Saunders were sitting in the backseat. The officers approached the vehicle and saw an ammunition clip between the driver's seat and the passenger's seat. All four were ordered out of the vehicle.As the women got out from the backseat, the front passenger's seat slid forward. One of the officers saw a rifle under the seat. During the stop, the officers confirmed that the vehicle was registered to Foster and that Saunders was wanted on a warrant. Foster was arrested and gave a statement.Foster told the police that he had picked up Malano earlier that night and he had a black ukulele case. The men …