Hawai'i Legal News

  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...