Hawai'i Legal News

  State v. Reis (ICA February 27, 2025) Background. Brandon Reis was on trial for attempted murder in the second degree. At trial, he argued he acted in self-defense. The trial court instructed the jury about the use of lethal force in self-defense by tracking the pattern jury instruction:   The use of deadly force upon or toward another person is justified if the defendant reasonably believes that deadly force is immediately necessary to protect himself on the present occasion against death or serious bodily injury or kidnapping. The reasonableness of the defendants’ belief that the use of deadly force was immediately necessary shall be determined from the viewpoint of a reasonable person in the defendant’s position under the circumstances of which the defendant was aware or as the defendant reasonably believed them to be when the deadly force was used.   The jury found Reis guilty as charged. He appealed.   The jury was incorrectly instructed that t...

State v. Nagamine (ICA February 26, 2025). Bryson Nagamine pleaded no contest to habitually operating a vehicle under the influence of an intoxicant. HRS § 291E-61.5. The circuit court—the Honorable Judge Kathleen Watanabe presiding—sentenced him to five years probation and imposed the Internet Crimes Against Children fee in the amount of $100.00 over his objection. Nagamine appealed. Limiting the ICAC fee to ICAC. The sentencing court “shall order every defendant to pay an internet crimes against children fee of up to $100 for each felony or misdemeanor conviction[.]” HRS § 846F-3. The ICA rejected the prosecution’s argument that this plain language requires a fee for every felony and misdemeanor conviction regardless of the crime.   The ICAC fee statute must be read with the definition of an ICAC. The ICAC is part of HRS Chapter 846F, entitled “Internet Crimes Against Children.” There is a special fund created to help law enforcement investigate and prosecute internet crim...