Hawai'i Legal News

Home Owners of Kai Nui Court v. City and County of HNL (ICA February 28, 2008) Background. The City's garbage truck somehow hit the gate at the Kai Nui Court. Kai Nui sued for damages in the district court and went to trial. After Kai Nui presented its case, the City orally moved for dismissal. The district court granted it and concluded that Kai Nui failed to make a prima facie showing of damages thereby rejecting Kai Nui's argument that paying a bill presumes that incurred expenses were reasonable and necessary. Kai Nui filed a motion for reconsideration in which it cited authorities from this and other jurisdictions for the proposition that a plaintiff's payment of special damages is prima facie evidence of the amount and reasonableness of the claimed damages. The City argued, inter alia, that Kai Nui did not provide new evidence or argument that could not have been presented at trial. After a hearing, the district court granted Kai Nui's motion for recon., ...

State v. Gomes (HSC February 20, 2008) Background. A woman, Zook, saw a fight take place in front of her home one night. Zook told her friend, Schulte, about the fight and how she was going to be called as a witness at a trial. Schulte learned that Nolta, her boyfriend at the time, knew the people in the fight, which included Gomes. One night at a lounge, Gomes told Schulte to tell Zook not to "show up and testify." Nolta later testified that Gomes asked him whether Schulte would urge Zook not to testify and that if Zook would accept money for it. The message eventually got to Zook. In the meantime, Gomes and his co-defendant were charged with assault in the 2d degree. After Gomes' "entreaty," Zook was served with a subpoena to testify at trial. There was no evidence of a prior subpoena. Gomes' motions for acquittal on the grounds that there was insufficient evidence to find him guilty of HRS § 710-1070(1)(b) was denied. Gomes was convicted of bribery of a...

Overruled by SCOTUS OHA v. HDCH (HSC January 31, 2008) Editor’s Note. Everything about this case is big. The litigation took years, the parties include State agencies, public figures, and an entire people. It even gives us a much-needed standard for permanent injunctions. Naturally, the opinion itself is big (97 pages long). I cannot possibly thoroughly examine the issues here without spending too much time and webspace on a single case. I’ve read through it and presented what I think are the most interesting issues and I do not represent this summary as a complete report of the OHA v. HCDCH . Background. The Housing and Community Development Corporation of Hawai‘i (HDCDH) and the State attempted to transfer various lands on Maui and the Big Island for the purpose of building residential housing. In 1995 a slew of plaintiffs—OHA and a group of individuals—sought to enjoin the State from alienating the lands because the lands were ceded lands part of the public lands trust and could ...

State v. Fetelee (HSC January 31, 2008) Background. At Fetelee's trial, Angela Lopez was in her friend's apartment one night with her friends when Fetelee barged in after demanding drugs, attacked one of her friends, and chased off another. Around ten minutes later Fetelee, appearing "calm," returned and apologized. Shortly after that, Fetelee asked a woman in a gas station parking lot a cigarette and money. When she pulled out her cigarettes, a $10-bill came out from her purse. Fetelee grabbed the bill, and the woman did not ask for it back. Just then, two Micronesian men, Michael Hartman and Kenter Alik, walked by. According to their testimony, Fetelee provoked them and hit Hartman several times in the face. Alik fought with Fetelee for a while, but Fetelee ran off toward the apartments. Alik started assisting Hartman when Fetelee returned with a knife. Fetelee stabbed Alik in his stomach and his side as he tried to run and after he fell, Fetelee stabbed him behin...

State v. Cutsinger (ICA January 30, 2008) Background. Cutsinger was charged with burglary in the 2d (HRS § 708-811) and possession of burglar's tools (HRS § 708-822(1)(a)). He pleaded guilty to both counts. The State filed a motion for extended sentencing on the grounds that he was a "persistent offender". HRS §§ 706-661 and 706-662(1). The motion was granted. Cutsinger then filed a motion to reduce his sentence based on, inter alia, Apprendi v. New Jersey , 530 U.S. 466 (2000) and progeny. That part of the motion was denied, and Cutsinger was sentenced to 10 years of imprisonment on Sept. 9, 2006. Cutsinger filed his notice of appeal on Sept. 27, 2006. Pending the appellate disposition, Cunningham v. California , 549 U.S. ___ (2007) and State v. Maugaotega , 115 Hawai'i 432, 168 P.3d 562 (2004) came down from the US and Hawai'i supreme courts respectively. The cases held that the statutes used to extend Cutsinger's sentence were unconstitutional because the...

State v. Espiritu (HSC January 28, 2008) Background. Espiritu and the Complaintant dated for a while, broke up, and still kept in touch. The Complaintant received four alarming text messages from Espiritu’s cel phone. At some point, the Complaintant met a guy at the Fish and Game Bar. Shortly after going back to her place and having $ex, Espiritu showed up at the house. A struggle ensued, Espiritu reached for a gun and shot the Complaintant. She lived. After the incident, investigating police officers copied the text messages to notes which appeared in their reports. Espiritu was charged with attempted murder in the 2d; carrying or using a firearm; and place to keep a firearm. The jury found him guilty as charged. Espiritu was sentenced to life imprisonment. OMG! Txt mssges r so hrsy! At trial, the State asked the Complaintant if she could recall the content of the text messages. She had a vague recollection of some, but not all, and examined the police reports in order to refresh h...

Kamaka v. Goodsill, Anderson, Quinn & Stifel (HSC Jan. 24, 2008) Background. Kamaka was an attorney at Goodsill, a law firm in HNL, focusing on employment law. The firm suspected Kamaka's honesty when it discovered that she had not completed the work she claimed to have finished. Soon afterwards, another attorney at the firm believed that she had regularly made entries on billing time sheets for incomplete work, and recommended termination. Kamaka's annual report was not favorable so the firm put her on probation pending further investigation. The firm also informed Kamaka that if investigation showed that "continued deficiencies" between the billing and actual work done, she would be fired. Kamaka was eventually terminated, and the firm referred her to the Office of Disciplinary Counsel. The ODC dismissed the claim based on insufficient evidence. Kamaka sued Goodsill alleging several counts. Kamaka lost every claim one except for a jury awarding her for...