Hawai'i Legal News

  State v. Zuffante (HSC September 17, 2025). Charles Zuffante and his girlfriend were pulled over by the police for driving around Kona with expired registration. The car was registered to his girlfriend. The officers saw a glass pipe in the center cupholder and arrested them. The police searched Zuffante and found 3.5 grams of methamphetamine in his pocket. The event was recorded on their body worn cameras (BWC). Then they got a warrant to search the car and seized 130 grams of methamphetamine found in a handbag, a black and white polka dot coin purse, a sunglasses case, and a fanny pack.   The next day, a detective interrogated Zuffante after Zuffante waived his right to remain silent and his right to have an attorney present during the interrogation. The interrogation occurred in the Kona station interrogation room. The detective later claimed that the audio and video recording devices in the room were inoperable. Zuffante assumed it was working because “they have a ca...

  State v. Smith (HSC September 12, 2025). Brian Smith was indicted for murder and attempted murder arising from a shooting in Kona. Both counts alleged that he was subject to a sentencing enhancement under HRS § 706-660.1 alleging that he possessed, used, or threatened to use a firearm while committing the offense. The prosecution did not allege a state of mind for the enhancement.   Smith went to trial. The circuit court instructed the jury that if it found him guilty of either count, it must answer a special interrogatory:   Has the prosecution proved beyond a reasonable doubt that the defendant intentionally used and/or threatened to use a firearm, whether the firearm was loaded or unloaded, operable or inoperable, while engaged in the commission of the offense of Murder in the Second Degree or Manslaughter (Extreme Mental or Emotional Disturbance)?   The jury returned a guilty verdict and answered “yes” to the interrogatory. The circuit court sentenc...