Hawai'i Legal News

State v. Forman (ICA September 8, 2011) Background. Stephen Forman was charged with unauthorized control of a propelled vehicle. HRS § 708-836. Police found Forman riding a moped on Ala Wai Boulevard. The officers stopped him because the moped's decal was partially missing, which is indicative to them of a stolen moped. Forman told them that he had just rented the moped, but he did not have the paperwork on him. The police traced the moped back to Adventure on 2 Wheels. They also learned that the moped was missing, but not reported stolen. At trial, Kim Voight of the rental company testified that in order to rent a moped from he company, a renter has to verify that he or she is over 18 years old and provide the company with a driver's license. The renter must also provide a credit card for a deposit, but may actually pay in cash. The customer is then given a contract with a pre-printed number on it, which is subsequently signed by the customer. The cont...

State v. Dowling (ICA August 30, 2011) Background. Richard Dowling was charged with one count of abuse of a family or household member. HRS § 709-906. At trial, Dowling's son was shown a series of photographs. He said that the photographs depict bruises on his legs. The son testified that he finished vacuuming the house and put the vacuum away in the closet. However, he could not close the door because the rug was stuck under it. The door blocked Dowling from going to his room and Dowling became angry with this son. Dowling asked his son if he caused the door to get stuck. His son repeatedly denied it and said it was the rug. Dowling thought his son was lying. Dowling pushed his son on the shoulder and he fell onto a bed. Dowling hit the son twice on his leg. The son also testified that Dowling might have punched him with a closed fist. The son testified that it hurt a little bit. The son told his great-grandmother about the incident one week later. ...

State v. Tominiko (HSC August 26, 2011) Background. Robert Tominiko was charged with operating a vehicle while under the influence of an intoxicant (HRS § 291E-61) and driving without motor vehicle insurance. The complaint alleged that in the OUI took place on August 2, 2008 in Honolulu, but it did not allege that it took place on a public roadway. The other count alleged that the driving took place on the same day and in the same place, and that it did take place on a public street, road, or highway. Tominiko did not object to the sufficiency of the complaint. The no-insurance count was dismissed. Tominiko, however, moved to suppress evidence on the grounds that the police officer did not have reasonable suspicion to detain him. At the hearing on the motion, Officer Antwan Stuart testified he was on duty around midnight, when he was dispatched to investigate a report of a group of people arguing at an intersection in Kalihi. He approached a group of about 15 to 20 p...

State v. Walsh (HSC August 23, 2011) Background. Timothy Walsh was charged with assault in the second degree. HRS § 707-711(1)(b). Walsh was present at trial, including jury selection. At trial, there was evidence that Walsh was outside of Ocean's Grill and Bar in Kihei at around 1:30 in the morning arguing with his sister, Stephanie Walsh. A different group intervened and five men attacked Walsh. Walsh was punched, kicked, pushed and stomped on. Walsh started to slump away from the fracas and as he started moving away he swung at Kapena Kramer. Kramer broke his jaw. Walsh testified that he swung blindly as he was trying to get away from the mob attacking him. The bouncer at Ocean's testified. According to him, Walsh was calm, cool, and collected. Walsh was not cut or hurt when he approached Kramer and punched him. The bouncer believed that Walsh "blind sided a helpless person." By the time the police showed up, the entire affray was ove...

Cabral v. State (ICA July 28, 2011) OVERRULED! Background. The Cabrals and other plaintiffs sued Joni Scott and the State of Hawai'i. The lawsuit stems from a fatal car accident on Highway 11 on the Big Island . The plaintiffs settled with Scott, but proceeded to a bench trial against the State. The circuit court entered judgment in favor of the State and dismissed all remaining claims on April 20, 2007. Ten days later, the plaintiffs filed a motion for reconsideration. The circuit court denied the motion on June 7, 2007. On July 6, 2007, the parties submitted a one-page stipulation for a two-week extension to file a notice of appeal. The circuit court approved and ordered the extension. The stipulation did not assert any of the grounds for the extension and the circuit court approved the stipulation without making any findings. On July 18, 2007, the plaintiffs presented an ex-parte motion to extend time for filing a notice of appeal on the grounds that the partie...

Overruled Hamilton v. Lethem (ICA June 30, 2011) Background. Lily Hamilton filed a temporary restraining order (TRO) against Christy Lethem on behalf of their daughter, Amber. The TRO alleged three incidents in which Lethem physically assaulted Amber, threatened to physically assault her, and embarrassed her so badly that she suffered emotional distress. The TRO was granted and an evidentiary hearing was set. At the hearing, Amber testified about the three incidents. First, she testified that Lethem hit her because she lied to him. She said that he tried to hit her face, but she blocked him with her hand. In the second incident, Amber said that she started arguing with Lethem when he hit her. Amber went to her room and Lethem said, "Don’t make me do that again . . . . Don't make me hit you again." As to the third incident, Amber testified that Lethem went to her school, pulled her out of class, and blamed her for financial problems. He also said tha...