Hawai'i Legal News

State v. Bowman (HSC May 9, 2016) Background. One afternoon, Officer Romeo Fuiava was driving along the Hawaii Belt Road near Paauilo on the Big Island in the Hilo-bound direction. He saw a green flatbed truck driving in the opposite lane with containers filled with lettuce or cabbage. About half a mile down the road he saw cabbage or lettuce leaves on the highway and on the side of the road. There were no other vehicles with cabbage or lettuce. Officer Fuiava turned around, caught up with the truck and pulled him over. The driver was Max Bowman. Officer Fuiava cited Bowman with HRS § 291C-131, spilling a load on highways. Bowman went to trial in the district court. At trial, the prosecution called Officer Fuiava, who testified about his observations. Bowman, appearing pro se , testified to the court that he was a farmer carrying agricultural products from the field during harvesting. He admitted that at some point, the cabbage spilled onto the highway. “It was trimmings. I ac...

State v. Bowman (ICA February 27, 2015) OVERRULED  Background. Max Bowman was charged with spilling on the highway in violation of HRS § 291C-131. Bowman, a farmer, was driving a truck full of cabbage from his field in Honokaa to Paauilo on the Big Island. He was driving a green flatbed pickup truck with cabbage in the bed. It was not covered. He drove on Route 19—the Hawaii Belt Road—when Officer Romeo Fuiava passed him in the opposite lane. Officer Fuiava kept heading in his direction and saw either cabbage or lettuce in the back of Bowman’s truck. About a half a mile down the road, Fuiava saw lettuce leaves on the road. Fuiava turned around and caught up to Bowman at “Earl’s store.” Bowman was given a citation. At the trial, the prosecutor orally arraigned Bowman like this: On or about the 28th day of August, 2013, in Hamakua, State and County of Hawaii, Max Bowman was the operator of a motor vehicle being moved on a highway, which vehicle was not so constructed, ...

State v. Foster (HSC July 31, 2012) Background. One summer's night near Kaupo-- a remote part on the East side of Maui --DLNR officers were patrolling for unlawful night hunting when they noticed a bright light roving back and forth. The officers caught up to the light and found a 4Runner. Foster was in the driver's seat and Malano was riding shotgun. Wendy Gonsalves and Malia Saunders were sitting in the backseat. The officers approached the vehicle and saw an ammunition clip between the driver's seat and the passenger's seat. All four were ordered out of the vehicle. As the women got out from the backseat, the front passenger's seat slid forward. One of the officers saw a rifle under the seat. During the stop, the officers confirmed that the vehicle was registered to Foster and that Saunders was wanted on a warrant. Foster was arrested and gave a statement. Foster told the police that he had picked up Malano earlier that night and he had a black ukulele ca...

State v. Roman (HSC September 11, 2008) Background. Roman lived with his girlfriend and her 17-year-old son. On Mother's Day Roman was making tacos for dinner and asked the boy to get up off the futon and grate some cheese. Roman told him that he was not doing it right and told him to back off. Roman left the house and when he came back he saw that the boy hadn't moved from his spot on the floor. Roman testified that he "kicked him in his okole." At that point, the boy stood up and stared at him with clenched fists. Roman asked him some questions, but the boy was nonresponsive. Roman slapped him a few times. The mother tried to intervene, but she was hit by Roman. She called the police. After a bench trial, the family court concluded that the parental-discipline defense did not apply. The ICA disagreed and found the family court in error, but that the error was harmless beyond a reasonable doubt. Judge Nakamura dissented. Once Raised, the Burden to Disprove the Pare...