Hawai'i Legal News

State v. Baker (HSC June 18, 2020) Background. Mustafa Baker was indicted with two counts of sexual assault in the first degree and one count of sexual assault in the third degree. Prior to trial, the prosecution filed a motion to determine the voluntariness of Baker’s statement to the police. At the hearing, the prosecution called Det. Brian Tokita. Det. Tokita testified that he met with Baker while Baker was in custody. He went over his constitutional rights using a form. According to Det. Tokita, Baker said that he understood his rights and signed the form showing that he would waive them and speak to the police. The prosecution then presented evidence of an audio recording of Det. Tokita’s interrogation. The recording starts with Det. Tokita asking basic introductory questions: Baker’s date of birth, level of education, age, and place of employment. Baker was 23 and worked at, of all places, a bakery. He also said he never finished the eighth grade. He did not know his addre...

State v. Bailey (HSC March 1, 2012) Background. Peter Bailey was indicted with four counts of sexual assault in the first degree. HRS § 707-730(1)(b). The circuit court granted Bailey's motion in limine to exclude any evidence of prior criminal convictions at trial. Jury selection lasted several days. After the jury had been selected, however, Bailey moved for a mistrial on the grounds that the courtroom doors had been locked. The circuit court denied the motion and proceeded to trial. The Trial. The minor complainant testified at trial. She testified that she knew Bailey through the singing activities at their church. One night, Bailey called her and asked to meet him at the church to practice singing. She got permission from her mother and Bailey picked her up and took her to the church. She testified that Bailey approached her from behind and ordered to engage in various sexual acts. She took off her clothes and did so. Her uncle walked in on them and she put on her clot...

State v. Kekona (ICA May 11, 2009) Background.   Kekona was indicted for, among other things, attempted murder in the 2d degree against Ah Loo.   Before trial, the State filed a motion in limine that would prohibit any evidence that Ah Loo physically abused Kekona's girlfriend, Tammy Antonio, before the shooting.   The State argued that the evidence was irrelevant and that Kekona failed to provide adequate notice pursuant to HRE Rule 404(b).   The motion was granted to show Ah Loo's motive for ramming Antonio's car.   At the trial, the State presented evidence showing that when the police arrived at the scene--a parking lot in Waimalu--Antonio was frantic and told the police that Ah Loo was ramming her car and that she shot at him.   The police spoke with Ah Loo and saw that Ah Loo's windshield had a hole that looked like a bullet hole.   The police arrested Antonio and started looking for Kekona.   Days later, they found him, but there was no gun.   After the State ...

State v. Maddox (ICA December 11, 2007) Background. Mickey Maddox went over to his ex-girlfriend's house and got into a fight with Dale Mota, his ex's new squeeze. Maddox stabbed Mota in the chest with a utility tool. The blade missed his heart and all vital organs. Mota was taken to the hospital where he was treated by Dr. Nelson. The wound was two-inches long and went between Mota's ribs right next to his heart. There was no need for a surgery or any indication of a severe injury such as a heart laceration, vessel cut, or collapsed lung. Mota's wound was cleaned and bandaged w/o stitches. He was released w/in 24 hours. Maddox was charged with first-degree assault (HRS § 707-710(1)). At trial, Dr. Nelson testified that Mota's wound created a substantial risk of death because it was a stab wound directly towards his heart. Dr. Nelson also testified that it was a miracle how the blade did not injure any important organs. Maddox testified at trial. He testified that...