Hawai'i Legal News

  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...

  State v. Kaakimaka (HSC August 28, 2025). The prosecution charged Koa Kaakimaka with invasion of privacy in the first degree in violation of HRS § 711-1110.9(1)(a). A person commits that offense when:   [T]he person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place[.]   Id. A “private place” is “a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or substantial group thereof has access.” HRS § 711-1100.   The indictment against Kaakimaka did not include the statutory definition so he moved to dismiss it. He argued that the term “private place” could mean many different things. He also moved to suppress evidence. The circuit court...

  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. Aquino (HSC June 28, 2024) Background. Alexander Aquino was charged with unlawful imprisonment in the first degree. HRS § 707-721(1)(a). Here is the charge:   On or about the August 1, 2020 through August 21, 2021, in Kona, County and State of Hawai‘i, ALEXANDER AQUINO, as a principle [sic] or accomplice, knowingly restrained another person, L.R., a minor born in June of 2007, under circumstances which exposed L.R. to the risk of serious bodily injury, thereby committing the offense of Unlawful Imprisonment in the First Degree, in violation of Section 707-721(1)(a), Hawai‘i Revised Statutes, as amended.   Aquino filed a motion to dismiss. The statutory term “restrain” means “to restrict a person’s movement in such a manner as to interfere substantially with the person’s liberty” either through force, threat, or deception or “[i]f the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution h...

  State v. Van Blyenburg (HSC November 23, 2022) Background. George Van Blyenburg was indicted with one count of leaving the scene of an accident involving death or serious bodily injury (HRS § 291C-12) and negligent homicide in the second degree (HRS § 707-703(1)(b)). Here is how the prosecution alleged the first count:   On or about August 6, 2016, in the City and County of Honolulu, State of Hawai'i, GEORGE VAN BLYENBURG, as the driver of a vehicle involved in an accident resulting in serious bodily injury to or death of [decedent], with intent, knowledge, or reckless disregard of the substantial and unjustifiable risk that he was such a driver, did intentionally, knowingly or recklessly fail to immediately stop the vehicle at the scene of the accident or as close thereto as possible, and did intentionally, and did intentionally, knowingly, or recklessly fail to forthwith return to and in every event remain at the scene of the accident and fulfill the requirements of...

  State v. Garcia (HSC October 7, 2022) Background. Randy Garcia was charged with four counts of forgery in the 2d degree. This is Count 4:   On or about October 9, 2019, in the City and County of Honolulu, State of Hawai'i, RANDY GARCIA did, with intent to defraud, utter a forged instrument, to wit, First Hawaiian Bank check #1877, drawn on the account of EAH Inc., made payable to Randy Garcia in an amount of Two Thousand Two Hundred Fifty Dollars ($2,250.00), which is or purports to be, or which is calculated to become or to represented if completed, a deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, obligation, or status, thereby committing the offense of Forgery in the Second Degree, in violation of Section 708-852 of the Hawai'i Revised Statutes.   The language in the charges tracked HRS § 708-852:   A person commits the offense of forgery in the second degree if, w...

State v. Jardine (HSC April 29, 2022) Background. John Keoni Jardine got into a fight with his neighbor and hit him in the head with a baseball bat. The hit caused a “left occipital skull fracture” and “epidural hematoma, pneumocephale.” The prosecution filed a felony information. Here’s how it pleaded assault in the second degree:   On or about August 25, 2019, in the City and County of Honolulu, State of Hawaii, JOHN KEONI JARDINE . . . did intentionally, knowingly, or recklessly cause substantial bodily injury to Paul Costa, and/or did intentionally or knowingly cause bodily injury to Paul Costa with a dangerous instrument, thereby committing the offense of Assault in the Second Degree, in violation of Section 707-711(1)(a) and/or Section 707-711(1)(d) of the Hawai'i Revised Statutes.   Jardine moved to dismiss the charge on the grounds that the prosecution failed to include the statutory definition of the term “substantial bodily injury.” The circuit court—with th...