Hawai'i Legal News

  In re: JB (ICA June 6, 2025). The prosecution filed a petition against a minor alleging that the minor committed assault in the third degree. It alleged that the minor “intentionally, knowingly, or recklessly cause[d] bodily injury” to the complainant in violation of HRS § 707-712(1)(a). But the petition did not identify or define the “bodily injury.”   The minor moved to dismiss the petition because it did not specify and violated the rule in State v. Jadine , 151 Hawai'i 96, 99, 508 P.3d 1182, 1185 (2022). In response to the motion, the prosecution alleged that “all of the information supplied to the accused prior to the filing of their motion must be considered” and argued that it gave the minor “discovery” that specified the injury supporting the charge. The family court denied the motion to dismiss.   At trial the complainant testified that the minor was one of three boys who had hit and physically hurt him. The family court adjudicated the minor as a law v...

  State v. Walter (HSC June 5, 2025). Weiser Walter was indicted for attempted murder in the first degree, murder in the second degree, and attempted 2d degree murder after he was arrested for stabbing his adoptive sister and four-year-old nephew, who later died of his injuries. He was represented by deputy public defender, Crystal Glendon. He claimed that he had been guided by demons or God and wanted to asserted the insanity defense in HRS Chapter 704. The circuit court granted a motion to have three evaluators determine his mental state at the time of the offense. Two out of the three concluded that Walter lacked penal responsibility. The third’s opinion was non-conclusive.   The prosecution moved to bring in two additional experts to assess Walter’s penal responsibility. His attorney simply made a “record objection”—an objection with no legal basis or argument. The motion was granted. These additional experts concluded that Walter was penally responsible.   Af...