Hawai'i Legal News

  State v. Yuen (HSC August 20, 2024) Background. Charles Tung Ming Yuen was charged with driving under the influence of an intoxicant. The charge arose from a motor vehicle collision that occurred approximately fifty feet from the O’Malley Gate just outside of the Joint Base Pearl Harbor-Hickam in Honolulu. Two vehicles were approaching the gate when one of the vehicle rear-ended the one in front of it. Military police came onto the scene and identified Yuen as the driver of the vehicle that cause the collision. They seized him and subjected him to standardized field sobriety tests. Then they held him and called the Honolulu Police Department to report a “possible DUI outside the gate.”   The collision, seizure of Yuen, and their investigation occurred outside of the base within the City and County of Honolulu. The police showed up and took over. They conducted their investigation, saw signs of intoxication, and arrested Yuen.   Yuen’s lawyer, Barry Sooalo, did not file a m

  State v. Wilbur-Delima (ICA July 29, 2024) Background. Kamalei Wilbur-Delima was charged with multiple offenses in three different felony cases. He was sentenced to probation but it was revoked. He also picked up another felony case. He eventually pleaded guilty and was sentenced and resentenced to probation. The judgment of conviction and the resentencing orders with conditions was entered on April 26, 2017. Two months later, Wilbur-Delima entered the Hawai'i’s Opportunity Probation with Enforcement (HOPE) Probation Program, a program on Oahu designed to give “swift, predictable, and immediate sanctions” for violations.   From 2017 through 2020, the prosecution filed motions when Wilbur-Delima violated the terms of his probation. The prosecution called these motions for “Modification” of the terms and conditions. Wilbur-Delima did not contest the violations and was sanctioned with a jail ranging from 3 to 41 days jail. It later changed the title to a motion to modify “and