Hawai'i Legal News

State v. Harter (HSC December 10, 2014) Background. Letitia Harter was charged with assault of a law enforcement officer in the second degree, resisting arrest, and disorderly conduct. The charges stemmed from an incident in a Honolulu nightclub, Club 939. Harter initially called the police but the police ended up trying to arrest her for disorderly conduct. The arresting officer later testified as he attempted to “gain control” of Harter, she swung at or around him and scratched the officer’s chin. At the arraignment, Harter was represented by the public defender. After a few continuances of the trial date and while discovery requests remained outstanding by the prosecution, Harter’s counsel requested that its office withdraw as her lawyer. Harter told the court that she was not happy with her lawyer. She said that after multiple attempts to reach her lawyer, when she finally talked to her lawyer, her lawyer she was crazy when she said she had a new job as an assistant casting...

State v. Higa (ICA January 31, 2012) Background. Matthew Higa was indicted for second-degree murder (HRS § 707-701.5). Higa made headlines when he was arrested under suspicion of throwing the infant, Cyrus Belt, off an overpass in Makiki. Initial Problems with Representation. Soon after being indicted, Higa retained an attorney, Randall Oyama. Higa signed a power of attorney that allowed his father, Shelton, to pay the retainer from the proceeds of a structured settlement in a different case. Months later, Oyama intimated at a pretrial conference that he may have to withdraw because he was not getting paid. At a later conference, however, Oyama said that the matter regarding payment was resolved. At first, the circuit court granted Oyama's motion to appoint a three-member panel to evaluate Higa's mental competence, but the order was set aside on the grounds that it was inadvertently filed. At the same time, Higa signed a new power of attorney authorizing Oyama to directl...

State v. Forman (ICA September 8, 2011) Background. Stephen Forman was charged with unauthorized control of a propelled vehicle. HRS § 708-836. Police found Forman riding a moped on Ala Wai Boulevard. The officers stopped him because the moped's decal was partially missing, which is indicative to them of a stolen moped. Forman told them that he had just rented the moped, but he did not have the paperwork on him. The police traced the moped back to Adventure on 2 Wheels. They also learned that the moped was missing, but not reported stolen. At trial, Kim Voight of the rental company testified that in order to rent a moped from he company, a renter has to verify that he or she is over 18 years old and provide the company with a driver's license. The renter must also provide a credit card for a deposit, but may actually pay in cash. The customer is then given a contract with a pre-printed number on it, which is subsequently signed by the customer. The cont...