Hawai'i Legal News

  State v. Obrero (HSC September 8, 2022) Background. The prosecution filed six complaints against Richard Obrero including murder in the second degree. Two days later, the prosecution presented evidence before the Grand Jury and a no bill was returned. In other words, there was no probable cause to bring the indictment. Hours later, the prosecution went ahead with the preliminary hearing on the same case with the same facts and this time a judge found probable cause in the district court. Obrero pleaded not guilty at the arraignment and years later moved to dismiss the case on the grounds that no indictment was found in violation of HRS § 801-1. The motion was denied. Obrero appealed and then moved to transfer the case to the HSC.   The statutory right to be indicted. Obrero argues that without an indictment, the prosecution violated HRS § 801-1:   No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless ...

Moana v. Wong (HSC November 21, 2017) Background. This case is comprised of two cases that have been consolidated and address the same procedural issue. First, Si Ufaga Moana was arrested on June 20, 2017 for assault in the second degree. Two days later he was charged by way of a complaint of felony abuse of a household member. That same day, on June 22, Moana appeared in custody before the family court. The family court confirmed bail at $30,000 and set a preliminary hearing for June 26, 2017. On the day of the preliminary hearing, the prosecution moved to continue on the grounds that the complaining witness “absented herself” from the proceedings. The prosecutor represented that the complainant might be on the mainland and may be refusing to come, but was unsure. Moana moved to dismiss the complaint or, in the alternative, moved for supervised release. The prosecution opposed. The family court granted the continuance and denied Moana’s motions. The preliminary hearing had been c...

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 ...