Hawai'i Legal News

OVERRULED IN PART  State v. Lafoga (ICA April 27, 2022) A note on the structure of this opinion. Judge Karen Nakasone’s ICA opinion addresses several different issues throughout these cases without a summation of the facts for each issue.   Background. Brandon Fetu Lafoga was indicted with attempted murder in the 2d degree, conspiracy to commit murder in the 2d degree, carrying or using a firearm in the commission of a separate felony, and other counts. Ranier Ines was indicted as an accomplice to attempted murder in the 2d degree, conspiracy to commit murder, and other counts.   At their trials, the complainant, Kele Stout testified. Stout testified that he worked with Ines at a custom countertop company. They were on a job in downtown Honolulu, when they got into an argument. As Stout was driving in a van, Ines pulled out a gun from his backpack and hit him in the head with it. Stout started bleeding. Ines ordered Stout to drive to Waianae. He threatened to shoot him and poi

State v. Jardine (HSC April 29, 2022) Background. John Keoni Jardine got into a fight with his neighbor and hit him in the head with a baseball bat. The hit caused a “left occipital skull fracture” and “epidural hematoma, pneumocephale.” The prosecution filed a felony information. Here’s how it pleaded assault in the second degree:   On or about August 25, 2019, in the City and County of Honolulu, State of Hawaii, JOHN KEONI JARDINE . . . did intentionally, knowingly, or recklessly cause substantial bodily injury to Paul Costa, and/or did intentionally or knowingly cause bodily injury to Paul Costa with a dangerous instrument, thereby committing the offense of Assault in the Second Degree, in violation of Section 707-711(1)(a) and/or Section 707-711(1)(d) of the Hawai'i Revised Statutes.   Jardine moved to dismiss the charge on the grounds that the prosecution failed to include the statutory definition of the term “substantial bodily injury.” The circuit court—with the Hon