Hawai'i Legal News

  In re: Investigation of KAHEA (HSC September 21, 2021) Background. The construction of the Thirty Meter Telescope on the summit of Mauna Kea sparked a protest movement. KAHEA: The Hawaiian Environmental Alliance, is a community-based, tax-exempt, charitable organization, opposes TMT construction. KAHEA operates the Aloha ‘Aina Support Fund. It affords logistical support to TMT protestors and in some cases provides bail when appropriate. KAHEA also challenged the Board of Land and Natural Resources through lawsuits and appeals.   The State’s Attorney General investigated KAHEA. In 2019, the AG served on First Hawaiian Bank a subpoena overing KAHEA’s bank records generated over an approximately two-year period. The AG demanded disclosure of financial records: monthly statements, signature/account cards, debit card assignments, powers of attorney, deposit tickets, cancelled checks, debit and credit memos, loan applications, notice of adverse actions against account holde...

State v. Williander (HSC April 4, 2018) Background. GJ Williander was charged with robbery in the second degree. On the first day of trial, Williander moved for a continuance on the grounds that his witness, Officer Darren Sunada was unavailable to testify. Officer Sunada was the arresting officer and talked to him about the alleged robbery. He argued that his testimony was necessary to establish Williander’s state of mind at the time of the incident. Williander proffered that Officer Sunada would have testified that he met with Williander that night and that he was too drunk to talk or make any sense. This went directly to the issue of whether he could have said anything to the complainant. Despite the best efforts to subpoena the officer, he was unavailable. He was on injury leave for months. The motion was denied. At trial, the prosecution called the complainant who testified that he was walking on the street one night on Kapiolani Boulevard when he was hit from behind. He ...

Naipo v. Border (HSC May 18, 2011) Background. Eshell Mitchell sued the Yuen family after Braddah, the Yuen dog, bit her. At the time of the incident, Mitchell was living with Jennifer Naipo. Mitchell claimed that the Naipo was bitten several times by Braddah several months before it bit her. The Yuens denied that their dog had bitten anyone. Naipo was deposed. She didn't have a lawyer. The Yuen's lawyer told her that she could refuse to answer a question that she believed invaded her personal privacy. Naipo answered all the questions. Naipo testified that she was not taken to the hospital for an injury to her forehead but that she went to the Wahiawa Hospital because a different Yuen dog, Misty, had been bitten her several times on the arm. Mitchell deposed Nanea Yuen. Nanea testified that Misty bit Naipo on her forehead, not her arm, and that they had to go to the hospital for that. In light of the conflicting testimony, Mitchell sought a subpoena d...

Honolulu Police Dept. v. Town (HSC February 4, 2010) Background. Odeb Kay was charged with various felonies. Kay obtained discoverable material from the prosecution regarding the complaining witness's criminal history. Kay issued and served a subpoena duces tecum on the Honolulu Police Department pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 17(b). Kay wanted five police reports made in connection with an arrest of the complaining witness. HPD moved to quash on the grounds that it was impermissible discovery and an attempt to circumvent discovery requests from the prosecutor. The motion to quash was denied. HPD petitioned for a writ of mandamus. Mandamus is Proper Because HPD--a Third Party--is Not Permitted to Appeal. The right to appeal from a criminal case "exists only when given by some constitutional or statutory provision." Grattifiori v. State , 79 Hawai'i 10, 13, 897 P.2d 937, 940 (1990). The parties in criminal cases may appeal...