Hawai'i Legal News

State v. Higa (ICA January 31, 2012) Background. Matthew Higa was indicted for second-degree murder (HRS § 707-701.5). Higa made headlines when he was arrested under suspicion of throwing the infant, Cyrus Belt, off an overpass in Makiki. Initial Problems with Representation. Soon after being indicted, Higa retained an attorney, Randall Oyama. Higa signed a power of attorney that allowed his father, Shelton, to pay the retainer from the proceeds of a structured settlement in a different case. Months later, Oyama intimated at a pretrial conference that he may have to withdraw because he was not getting paid. At a later conference, however, Oyama said that the matter regarding payment was resolved. At first, the circuit court granted Oyama's motion to appoint a three-member panel to evaluate Higa's mental competence, but the order was set aside on the grounds that it was inadvertently filed. At the same time, Higa signed a new power of attorney authorizing Oyama to directl...

Jou v. Schmidt (ICA April 29, 2008) Background. Dr. Jou treated Dereas and billed her insurance company, Island Insurance. Island only paid part of the bill. It also asked Dr. Jou for more information before it made anymore payments. Dr. Jou responded in part at an unknown time. Eventually, Dr. Jou sought an administrative hearing before the DCCA, Insurance Division. Dr. Jou claimed that Island owed him interest on the amount it paid as well as the outstanding payment. Island claimed it paid what it fully owed and its obligation is done. The hearings officer ruled in favor of Island. Dr. Jou appealed to the circuit court. At the circuit court, Dr. Jou's attorney requested that the Judge Sabrina McKenna be disqualified. The attorney argued that Judge McKenna was up for retention before the Judicial Selection Committee, where an Island vice president and two lawyers who often represent Island preside. The motion for disqualification was denied and the administrative deci...