Hawai'i Legal News

  Araiza v. State (HSC January 26, 2021) Background. Edelmira Salayes Araiza, a citizen of Mexico and lawful permanent resident in the United States, was charged with theft by deception in the first degree after living in Hawai'i for decades. At her arraignment, the circuit court—the Hon. Judge Rhonda I. L. Loo presided—warned Araiza pursuant to HRS § 802E-4 that the case could have “severe and irreversible consequences, including immediate detention, deportation or exclusion from admission or denial [of] naturalization to the United States. Your attorney must advise you regarding the possible consequences this case may have on your immigration status.”   Months later she pleaded no contest and moved for a deferred acceptance of her plea. In her change-of-plea form, Araiza and her attorney certified that the document had be read to her and explained or interpreted to her. The form also included an advisement that pleading no contest may result in deportation, detention,...

  Flores v. Ballard (ICA January 27, 2021) Background. In 2017, the Board of Land and Natural Resources approved of the building of a thirty-meter telescope near the summit of Mauna Kea on the Big Island. Construction was delayed for several years due to protests and objections. In 2019, protestors assembled at the road near the summit. They blocked access to physically prevent construction of the telescope. The size of the protest strained resources for the Hawai'i County Police Department. The chief of police on the Big Island asked the Honolulu police chief Susan Ballard and Maui Police Department chief Tivoli Faaumu to support operations in dealing with the protestors.   Officers from Maui County and the City and County of Honolulu went to the Big Island. The next day, Kalani Flores filed a complaint seeking declaratory relief challenging the authority to use police officers from other counties. Chief Ballard and Chief Faaumu filed a motion to dismiss the complaint....

  Stanley v. State (HSC January 5, 2021) Background. In 1988, Edward Stanley was involved with the police in a shootout with the police and others. He was indicted with four counts of attempted murder in the first degree and one count of attempted murder in the second degree. At trial, the judge acquitted Stanley of one of the attempted murder in the first degree counts and allowed the rest to go to the jury for consideration.   In the trial court’s instructions to the jury, the court explained that if they could not find that attempted murder in the first or second degree was proven beyond a reasonable doubt, the jurors had to consider the included offense of attempted manslaughter. The court instructed that attempted manslaughter is the attempt to “recklessly cause the death of another person.” The court in the same jury instruction also explained that is a defense to murder of either degree that “reduces the offense to attempted manslaughter” when the defendant was “...

  State v. Abion (HSC December 29, 2020) Background. Ramoncito Abion was charged with assault in the 2d degree. Prior to trial, Abion moved for an examination to determine his fitness to stand trial and his penal responsibility. One of the examiners, Dr. Martin Blinder , concluded that at the time of the assault, Mr. Abion was suffering from a disorder that precluded penal responsibility. Dr. Blinder believed that the disorder was caused by prolonged methamphetamine use. The prosecution moved to preclude Dr. Blinder from testifying at trial on the grounds that his testimony was irrelevant.   The prosecution argued that self-induced intoxication is excluded from the lack-of-penal-responsibility defense and that Dr. Blinder’s testimony would be irrelevant. At the hearing, Dr. Blinder expanded on his opinion. He diagnosed Abion with methamphetamine psychosis. Dr. Blinder explained that methamphetamine can cause “structural changes in the brain” that will render someone “pe...

  State v. Manuel (HSC December 23, 2020) Background. Welden Manuel was charged with assault in the second degree by knowingly or intentionally causing bodily injury with a dangerous instrument. At trial, Lianel Dison, the complainant, testified that one night he was at Pier 38 in Honolulu getting ready to set out on a fishing trip. He saw Manuel pass by on a bike. Manuel then called out to Dison toward a dark bathroom area on the pier. He testified that he could see Manuel had bloodshot eyes, slurred his words, and smelled of alcohol. Dison walked over and Manuel asked him “why I do that.” Dison responded, “did what?” Dison tried to walk away when Manuel hit him on the head. Dison turned around saw Manuel open a folding knife with a three-inch blade and click into place. Dison testified that Manuel stabbed him in the chest and said, “That’s what you get.” He tried to ride off on his bike, but Dison grabbed it and pulled it way. They struggled for control of the bike when Manuel...

  Wolcott v. Administrative Director of the Courts, State of Hawai'i (HSC December 21, 2020) Background. Justin Wolcott was arrested for operating a vehicle while under the influence of an intoxicant. Wolcott refused to submit his blood or breath for chemical testing to determine his blood-alcohol concentration. Because he refused, the police informed of the following:   If you refuse to take any tests and your record to operate a vehicle shows three or more prior alcohol or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued, your license and privilege to operate a vehicle will be revoked for ten years.   Wolcott was informed that an “alcohol enforcement contact” meant any revocation order, a conviction for OUI in Hawai'i or any other jurisdiction. Wolcott signed the acknowledgement.   Weeks later the Administrative Driver’s License Revocation Office conducted a review of the case and re...

  DW Aina Le‘a Development, LLC v. Land Use Commission (HSC December 17, 2020) Background. The Hawai'i Land Use Commission reclassified 1,060 acres of land in South Kohala on the Big Island from agricultural to urban. In exchange for the reclassification allowing development, the LUC required that some of the development be deemed “affordable” and imposed other conditions. In 2008, the LUC issued a show-cause order to the landowner to show why certain conditions were not met. The landowner sold the property to DW Aina Le‘a Development, LLC, which invested more than $28 million in development. The LUC then reclassified the land back to agricultural. The HSC vacated the reclassification order on other grounds. In 2011, DW filed a lawsuit against the LUC on the grounds that its reclassification was an unconstitutional taking in violation of the federal and Hawai'i constitutions. The LUC moved proceedings to federal court and moved to dismiss the complaint on the grounds that th...