Hawai'i Legal News

  State v. Feliciano (HSC June 29, 2020) Background. Allan Feliciano was charged with abuse of a family household member in violation of HRS § 709-906. The charge stems from an incident in 2017. The complainant was his wife of five years. Before trial, the prosecution filed notice of its intention to present evidence that in 2016, one year before the alleged abuse, Feliciano got into an argument with his wife and pushed her out of a chair. The prosecution argued it anticipated Feliciano would present evidence that the complainant was using cannabis heavily and this evidence was necessary to show why she started using medical cannabis. The prosecution also argued it would rebut self-defense. Feliciano opposed. At the hearing on a motion in limine, the family court, with the Hon. Judge Ronald Ibarra presiding, ruled that the evidence would only come in if Feliciano “opened the door,” that is, brought up the complainant’s cannabis use.   In his opening statement, Feliciano...

  State v. Man (ICA July 19, 2020) Background. Robert Man was cited by the police for the offense of accidents involving damage to vehicle or property (HRS § 291C-13) and no motor vehicle insurance (HRS § 431:10C-104) on June 2, 2018. On June 7, 2018, the prosecution filed the citation in the District Court with the Hon. Judge Summer Kupau-Odo presiding thereby initiating the proceedings. Man did not appear at the arraignment and the prosecution continued the case twice before it was dismissed without prejudice.   On May 6, 2019, almost a year later, the prosecution filed a complaint averring drunk driving and accidents involving damage to vehicle or property. Man was served with a copy. Man eventually filed a motion to dismiss based on a violation of Hawai'i Rules of Penal Procedure Rule 48 on the grounds that the six-month clock started at the filing of the citation. The District Court granted the motion and dismissed the case with prejudice the prosecution appealed....

  State v. Kaeo (ICA June 29, 2021) Overruled by HSC Here. Background. Samuel K. Kaeo was charged with disorderly conduct. HRS § 711-1101(1)(d). The prosecution presented evidence at the bench trial of a convoy of vehicles scheduled to transport materials from the Central Maui Baseyard to the Daniel K. Inouye Solar Telescope at the summit of Haleakala. The convoy was scheduled to leave at 10:00 p.m. The project manager of the telescope construction site testified that at around 7 p.m., Kaeo was at the baseyard and approached him. He told the manager to get ready because they “were in for the night.” By 8:30 p.m., the Maui Police Department set up lights on the roadway nearby and a group of over 100 protestors were outside holding signs and walking around the crosswalk outside the gate. At around 9:30 p.m. and later at 10, the convoy tried to get out of the baseyard, but the protesters blocked the way. The convoy consisted of approximately twenty people, four vehicles, three truc...

  State v. Milne (HSC June 23, 2021) Background. Noguchi Milne was charged with one count of abuse of a family or household member based on abusing his girlfriend and one count of assault in the third degree based on abusing his girlfriend’s father. The complainants were not sharing the same household. At a trial call, the prosecution moved to continue trial because both witnesses did not come to court. The family court, with the Hon. Judge Kevin Souza presiding, granted the motion over Milne’s objection. Milne orally moved to dismiss the assault count for lack of subject matter jurisdiction. The family court stated at the hearing that it had concurrent jurisdiction and decided to dismiss the count without prejudice to let the prosecution file another complaint in the district court. In its written order, however, the family court stated that it dismissed the count for lack of subject matter jurisdiction. The family court granted the motion and issued a dismissal order. The pros...