Hawai'i Legal News

  State v. Tran (HSC June 4, 2024) Background. In 2006, the Hawai'i Constitution was amended to get around the ruling in State v. Arceo , 84 Hawai'i 1, 928 P.2d 843 (1996):   In continuous sexual assault crimes against minors younger than fourteen years of age, the legislature may define: 1. What behavior constitutes a continuing course of conduct; and 2. What constitutes the jury unanimity that is required for a conviction.   Haw. Const. Art. I, Sec. 25. With that the Legislature passed HRS § 707-733.6. The conduct element requires proof of “three or more acts of sexual penetration or sexual contact with a minor over a period of time, while the minor is under the age of fourteen years.” HRS § 707-733.6(1)(b). The jury need not be unanimous as to which of the three:   To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constit...

State v. Santiago (HSC December 20, 2013) Background. Anthony Santiago was charged with both robbery in the second degree and assault in the first degree. Santiago was driving his truck through Waikiki and Kaulana Akau was in the passenger’s seat. Santiago picked up Brad Easterling—the complainant—and his friend, Dustin Hernandez and they sat in the bed of the truck. At trial, there are very different versions of what happened. Easterling said that during the ride, he gave Santiago some marijuana and when they got to their destination, he and his friend got out of the truck and shook hands with Akau and Santiago. When Easterling shook hands with Santiago, Santiago grabbed hold of his hand, Easterling dropped his skateboard, and someone took his backpack. He heard someone say “take off” and the truck started moving. Easterling was dragged for a distance and had serious abrasions and bruises on his left arm, shoulder, hand, knee, and hip. Akau said he never saw the exchange of ma...

State v. Pecpec (HSC March 20, 2012) Background. Orlando Pecpec was charged with 25 counts of violation of a protective order. HRS § 586-11(a)(1)(A). The language for all counts were identical except for the date of the alleged offense: On or about [date], in the City and County of Honolulu, State of Hawaii, [Pecpec] did intentionally or knowingly violate the Order for Protection issued in FC-DA No. 08-1-1887, filed on the 15th day of September, 2008 . . . thereby committing the offense of Violation of an Order for Protection. Counts 1-6 allegedly occurred on October 19, 2009; count 7 on Oct. 22; counts 8-15 and 18-22 on November 6, 2009. Counts 16 and 22-25 allegedly took place on November 7, 2009; and count 17 on November 8. At trial, the complainant, Pecpec's ex-wife, testified that they were married for ten years and had five children together. On September 15, 2008, she got a protective order against Pecpec. The order expires in 2013. The order prohibited Pecpec fro...

State v. Stenger (HSC March 4, 2010) Background. Stenger applied for financial aid, medical coverage, and food stamps with the Dept. of Human Services. Stenger reported her income and financial situation to DHS and was told that she must report changes in her finances and her living situation within ten days of the change. From July 2002 to May 2003, Stenger received public assistance. DHS investigated and determined that Stenger was not reporting all of her income. DHS concluded that she had been overpaid around $23,000 in public assistance. Stenger was indicted with one count of theft by deception in the first degree (HRS §§ 708-830(2) and 708-830.5(1)(a)). At trial Stenger requested a unanimity instruction and a claim of right instruction because she believed she was entitled to the benefits obtained. The instructions were denied. The circuit court instructed the jury about Theft in the First Degree with Theft in the 2d as an included offense. The jury found S...

State v. Corder (HSC November 19, 2009) Background. The family court granted Allison Corder's extension of a protective order against Lawrence Corder. Months later, Corder was charged with two separate counts of violating the order of protection (HRS §§ 586-5.5 and 586-11(a)(1)(A)). In the complaint the counts referred to police report numbers. Those police reports detailed Corder's conduct and noted the allegedly violated section in order of protection. The police reports were provided in discovery. Corder filed a motion to dismiss or, in the alternative, a bill of particulars. The family court denied the motion and a jury found Corder guilty. The ICA concluded that the trial court erred in denying Corder's motion for a bill of particulars. Requiring a Bill of Particulars. "If the court is of the opinion that the accused . . . has been actually misled and prejudiced in the accused's defense upon the merits of any defect, imperfection, or omission in ...

State v. Mundon (HSC November 13, 2009) Background. Mundon was charged with several counts of sex assault in various degrees, kidnapping, terroristic threatening, and assault. Mundon requested to represent himself at trial and requested appointed standby counsel. The circuit court granted those requests. At trial, the complainant that she encountered Mundon one night at Kapa'a Beach. She testified that she was looking for a cheap hotel room. Mundon allowed her to sleep in the back of his truck. As she slept, Mundon began to putting his hands under her underwear and feeling her outer labia. She also testified that he started to kiss and touch her breasts approximately ten to fifteen times. When she tried to get away, Mundon produced a knife and threatened to kill her if she tried to get away. A struggle ensued on the beach and eventually she got away. Testimony from police officers corroborated the complainant's version. Mundon testified and his version of events...