Hawai'i Legal News

  In re: GH (HSC October 10, 2022) Background. The prosecution filed multiple petitions in the family court against the Minor, G.H., averring sexual assault in the first and third degrees. The prosecution also moved to preclude the defense from presenting evidence about complainant’s past sexual history. The defense did not file a memorandum in opposition and did not file notice of the intention to use evidence of prior sexual conduct pursuant to HRE Rule 412. At the hearing on the motion, the Minor represented that he would not offer evidence of past sexual conduct, but would present evidence that the complainant had made accusations of sexual abuse against others in the past.   At trial, the complainant testified that she was sexually assaulted when she was 9 years old. She testified that the Minor was a friend of their neighbor who came over to the house and slept over. One night, Minor assaulted her and said if she told anyone, something would happen to her. She eve...

  State v. Garcia (HSC October 7, 2022) Background. Randy Garcia was charged with four counts of forgery in the 2d degree. This is Count 4:   On or about October 9, 2019, in the City and County of Honolulu, State of Hawai'i, RANDY GARCIA did, with intent to defraud, utter a forged instrument, to wit, First Hawaiian Bank check #1877, drawn on the account of EAH Inc., made payable to Randy Garcia in an amount of Two Thousand Two Hundred Fifty Dollars ($2,250.00), which is or purports to be, or which is calculated to become or to represented if completed, a deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, obligation, or status, thereby committing the offense of Forgery in the Second Degree, in violation of Section 708-852 of the Hawai'i Revised Statutes.   The language in the charges tracked HRS § 708-852:   A person commits the offense of forgery in the second degree if, w...