Hawai'i Legal News

AFFIRMED! State v. Walker (ICA September 30, 2011) Background. Samuel Walker was charged with habitually operating a vehicle while under the influence of an intoxicant. HRS § 291E-61.5. The charge simply alleged that Walker was "a habitual operator of a vehicle while under the influence of an intoxicant[.]" Walker objected to the sufficiency of the charge prior to verdict, but was found guilty of the offense. He appealed. Liberal Construction does not apply. The ICA held that because Walker objected to the sufficiency of the charge prior to the verdict, the liberal construction did not apply. The "liberal construction standard is limited to construing indictments, when the issue is only raised after trial." State v. Motta , 66 Haw. 89, 94, 657 P.2d 1019, 1022 (1983). Charging Instruments must Apprise Defendant of the Offense AND Establish Jurisdiction. The accused has the right "to be informed of the nature and cause of the accusation....

AFFIRMED BY HSC. State v. Walsh (ICA May 26, 2010) Background. Walsh was charged with assault in the second degree. HRS § 707-711(1)(b). Walsh was arguing with his sister outside Ocean's Bar and Grill in Kihei, Maui at around 1:30 in the morning, when a group of four or five men interrupted. The men yelled at Walsh and started fighting with him. They kicked, pushed, and punched Walsh in the parking lot until he was down on the ground. Walsh crawled away from them and stumbled as he stood up. At his trial, Walsh testified that he swung blindly upon standing up and punched Kapena Kramer in the face. The manager at Oceans, however, testified that Walsh was cool and collected when he punched Kramer. The punch fractured Kramer's jaw in two places and knocked him unconscious. At closing argument, the prosecutor argued that before he testified, Walsh benefitted from seeing all these witnesses, heard what they were going to say. What's important about t...

The HSC Affirmed This Case in a Published Opinion. State v. Mark (ICA May 8, 2009) Background. There was an arrest warrant out for Mark for allegedly shooting Paikai and firing shots at Piko. Police responded to a tip that Mark would be at the Baskin-Robbins in Kapolei. Officers responded. They were not in uniform. Officers Gaspar and Sung tried to arrest Mark, but there was a struggle. Mark fired three shots. Officer Gaspar was killed. Two indictments were returned against Mark. The first alleged, among other things, attempted murder in the 2d for Piko and Pakai. The second indictment alleged murder in the 1st for Officer Gaspar and attempted murder in the 1st for Officer Sung. Mark subpoenaed the records of certain police officers involved in the case. The circuit court granted the motion in part and allowed only certain documents to be disclosed. A jury found Mark guilty of murder in the 2d for Officer Gaspar and guilty of attempted murder in the 2d for ...