Hawai'i Legal News

State v. Mark (HSC May 12, 2010) Background. Mark, with others present, met with Paikai and Piko in a parking lot. There was a dispute over a camera. Paikai had a box which supposedly had the camera. At that point, Mark produced a gun and fired shots above Piko's head. Mark also fired a shot at Paikai and hit her in the leg. Mark later testified that he intended on shooting her in the leg and did not aim for her head or body. About a month later, two plain-clothes officers responded to a tip that Mark was at a Baskin Robbins in Kapolei. Officers Gaspar and Sung were going to arrest Mark pursuant to a warrant. When they got there, Mark was there with his girlfriend and his daughter; he struggled with the officers and Mark fired three shots. Officer Gaspar died from the gunshot wounds. Two indictments came down against Mark. They were consolidated for trial. Mark raised self-defense and defense of others in both cases. A defense-of-others instruction wa...

The HSC Affirmed This Case in a Published Opinion. State v. Mark (ICA May 8, 2009) Background. There was an arrest warrant out for Mark for allegedly shooting Paikai and firing shots at Piko. Police responded to a tip that Mark would be at the Baskin-Robbins in Kapolei. Officers responded. They were not in uniform. Officers Gaspar and Sung tried to arrest Mark, but there was a struggle. Mark fired three shots. Officer Gaspar was killed. Two indictments were returned against Mark. The first alleged, among other things, attempted murder in the 2d for Piko and Pakai. The second indictment alleged murder in the 1st for Officer Gaspar and attempted murder in the 1st for Officer Sung. Mark subpoenaed the records of certain police officers involved in the case. The circuit court granted the motion in part and allowed only certain documents to be disclosed. A jury found Mark guilty of murder in the 2d for Officer Gaspar and guilty of attempted murder in the 2d for ...

In re Estate of Damon (HSC December 30, 2008) Background.   Samuel M. Damon died in 1924.   His will created a trust to administer over his property.   By 1999, the trust assets included stock in publicly-traded companies and significant land holdings in Hawai'i and California.   By 2003, the trust sold off nearly all of the assets and put the proceeds in a securities portfolio managed by Goldman, Sachs.   The trustees filed a petition for approval of accounting in the probate court.   The probate court appointed James Kawachika as a master for overseeing the accounting.   Christopher Damon Haig objected to the appointment and filed a response.   Haig contended that Kawachika could not be a master because of a conflict of interest.   In his master's report, Kawachika concluded that there may be a conflict, but that he disclosed them.   The probate court approved the income and principal accounts in the petition.   Haig appealed. Points of Error not to be Tampered with.   T...