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. Miranda (HSC June 4, 2020) Background. Alexander Miranda was charged with assault in the second degree. The complainant was David Metts. Before trial, Miranda wanted to present evidence of a photographic still of video surveillance of a sidewalk where the incident occurred. The prosecution objected and argued that if the photograph comes in, it would be allowed to present officer testimony describing the surveillance footage itself. (The footage was destroyed.) The circuit court, presided by Hon. Judge Dexter Del Rosario, agreed with the prosecution. At trial, the prosecution called Samuel Wight. Wight testified that one night in Waikiki, he heard yelling and cursing. He saw on the street three men yelling at two. Miranda was the tallest in the trio and he was yelling at Metts. Wight testified he saw Miranda uppercut Metts, heard a cracking sound, and saw Metts spit up blood. The prosecution also presented evidence that Metts had a broken jaw. Metts testified. Metts tol...

State v. Brown (HSC July 25, 2019) Background. Walter Brown was charged with assault in the second degree. The charges stemmed from a fight with his adult daughter. The complainant was also charged with assaulting Brown’s wife (her stepmother). Before trial Brown filed an intent to present evidence that his daughter had been violent, disruptive, and dangerous in the past. The evidence included the fact that she was charged with harassment, terroristic threatening in the second degree—which was later amended to harassment pursuant to a plea agreement, abuse of a family or household member—which was later amended to assault in the third degree, and that she was on probation. Brown also wanted to present evidence that she was charged with assaulting Brown’s wife. The prosecution objected by filing a motion in limine. The Hon. Judge Edward Kubo granted the motion in part. The circuit court would not admit evidence that the complainant was facing assault charges against Brown’s wi...

State v. Acacio (HSC June 15, 2017) Background. Rainier Acacio was charged with terroristic threatening in the first degree and abuse of a family or household member. The complainant was his ex-girlfriend. At his jury trial, his ex-girlfriend testified that they were living together for two and a half years before breaking up. She testified that she still lived with him even though they were no longer in a relationship. She testified that on New Year’s Eve, they hosted a party. After the party, while she was right outside the house, she received a call from Acacio, who was inside the house. They exchanged New Year’s greetings and the call ended. The party ended and the complainant went to her room to get ready for bed. Acacio came into her room, closed the door, and said he wanted to fix the relationship. She said that it was over between them and Acacio got “mad and emotional.” Acacio said he was going to kill himself. The complainant said, “go ahead, it’s not my fault.” Acac...

Background. Ubaldo Cruz was on trial for allegedly committing multiple sexual assaults on his neighbor’s daughter. At trial, Cruz objected to the admission of cell phone records over a three-month period. The circuit court denied the request, but ruled that a failure to call the custodian of records to testify at trial was a violation of Cruz’s constitutional right to confront witnesses. The next day, the prosecution sought to introduce the records with a certified copy of a declaration from the custodian of records on the grounds that they met the business records exception to the hearsay rule. The prosecutor argued that business records “are specifically excluded under Crawford.” The circuit court admitted the records, Cruz was found guilty. Cruz appealed. The Confrontation Clause and Documents. The Confrontation Clause prohibits the use of “testimonial” statements at trial when the declarant is not present and there was no meaningful opportunity to testify. Crawford v. Washing...

State v. Nofoa (HSC April 14, 2015) Background. Toi Nofoa was charged with one count of kidnapping and one count of terroristc threatening in the second degree. In September 2008, Nofoa was held by a judicial determination of probable cause. Attached to the JDPC was an affidavit from an HPD officer that containing hearsay statements from the CW, Nofoa’s girlfriend. Nofoa had a preliminary hearing. At the preliminary hearing, the CW testified that she was in a relationship with Nofoa for about two and half years, and she ended it. She testified that about a month after the breakup, Nofoa called and asked if she was “seeing another guy.” She said it was none of his business. That night Nofoa approached her as she was walking back to her car. The CW said that he wanted to talk to her and she started walking with him. She said he started to get aggressive and then pulled her. As she tried to walk away, he put her in a chokehold, said that he had a gun, and told her to get into the ...

State v. Kaulia (January 4, 2013) Background. Dennis Kaulia was charged with assault in the third degree. HRS § 707-712(1)(a). Kaulia demanded a jury trial, an attorney, and submitted a notice stating that Kaulia was a "foreign nation to USA and State of Hawaii as a subject of the Kingdom of Hawaii." The other document was a "Motion For Nolle Prosequi With Prejudice As to All Counts." The trial court interpreted these documents as a motion to dismiss the charge for lack of jurisdiction. A formal motion to dismiss was later filed. Kaulia argued that the motion was based on the continuing existence of the Kingdom of Hawai'i. At the hearing, Kaulia requested an evidentiary hearing and wanted to call witnesses to establish the existence of the kingdom. The request and ultimately the motion were denied. The prosecution filed a motion to amend the complaint to provide for only a petty misdemeanor of assault by mutual affray--an offense for which Kaulia had no...