Hawai'i Legal News

State v. Russo (HSC December 14, 2017) Background. Maui Police Department officers were conducting traffic surveillance on the side of Haleakala Highway. Thomas Russo stopped his vehicle on the road shoulder and started to record the officers on his phone. Russo first approached Officer John Fairchild. Officer Fairchild asked Russo to turn his hazard lights on. Russo says he can do that and starts walking back to his vehicle and turns his hazard lights on. Russo briefly talked to Officer Fairchild about slowing down traffic “all the way up to Haliimaile.” Officer Fairchild told him that they were pulling cars off the roadway into an area on the shoulder so Russo would have to “step off to the side.” Officer Fairchild said “I don’t want you to get run over.” Russo replied, “Okay.” Russo next again approached the officers and walked past Officer Fairchild. He approached Officer Rusty Lawson, who was standing near a vehicle that had been stopped. As Russo neared him, Officer Lawso...

Background. UPW brought two class-action grievances against the employer, the City and County of Honolulu, based on violations of the collective bargaining agreement. The grievances were denied by the City's human resources department. The parties agreed to arbitrate pursuant to the CBA and the circuit court consolidated the grievances and appointed Keith Hunter to arbitrate. The City contested whether these grievances could be arbitrated at all. The arbitrator held a hearing on the issue and concluded that the grievances were subject to arbitration--in other words, that he had jurisdiction. The UPW filed in the circuit court a motion to confirm the decision and "award" by the arbitrator. The motion was granted and the City appealed. The Arbitration Statute Confers Appellate Jurisdiction to "Awards." Appeals in arbitrations may be taken from "[a]n order confirming or denying confirmation of an award[.]" HRS § 658A-28(a)(3). Accor...

State v. Torres (ICA December 15, 2009) OVERRULED IN PART BY HSC. Background. Gallegos worked as a cashier at the Pearl Harbor Navy Exchange. He was last seen leaving his post with Torres, a police officer on the base. Earlier that day, Gallegos was given a bag with $80,000. Later that day, Torres was found by federal law enforcement officers in his car on the base. The searched his car and found $78,000, a revolver, a stun gun, and Gallegos' personal belongings like his wallet and driver's license. Gallegos was never seen again. At trial, Agent Robbins testified that he recovered Torres' revolver. He testified that the gun had been recently fired, "within the same day, probably about eight hours or so." Agent Robbins based his opinion on the moistness of the powder residue and the absence of any indication of rust on the gun. Davis also testified at trial. Davis testified that years later she became acquainted with Torres, who had by then move...

State v. Mundon (HSC November 13, 2009) Background. Mundon was charged with several counts of sex assault in various degrees, kidnapping, terroristic threatening, and assault. Mundon requested to represent himself at trial and requested appointed standby counsel. The circuit court granted those requests. At trial, the complainant that she encountered Mundon one night at Kapa'a Beach. She testified that she was looking for a cheap hotel room. Mundon allowed her to sleep in the back of his truck. As she slept, Mundon began to putting his hands under her underwear and feeling her outer labia. She also testified that he started to kiss and touch her breasts approximately ten to fifteen times. When she tried to get away, Mundon produced a knife and threatened to kill her if she tried to get away. A struggle ensued on the beach and eventually she got away. Testimony from police officers corroborated the complainant's version. Mundon testified and his version of events...

Indymac Bank v. Miguel (ICA May 9, 2008) Background. The Miguels executed and delivered a note to Alliance Bancorp on December 1, 1994, but it was signed the next day. The note was secured by a mortgage on the Miguels' house on December 1, 1994. The note and mortgage was also assigned to the Bank of New York on December 1, 1994, but it was notarized the next day. The mortgage was recorded in the Land Court. The note and mortgage was assigned to the Bank of New York on December 1, 1994, but it was recorded on October 17, 1996. Because of a TILA action brought in the United State District Court, the Miguels stopped paying the mortgage. On April 4, 2003, Indymac sued the Miguels seeking a foreclosure sale based on default and determine the amount owed to them. It was not until June 6, 2003, however, when Bank of New York's interest was assigned to Indymac; Indymac soon recorded the assignment. Courts are for the Injured Only. For a party to bring a lawsuit, it must have...