Hawai'i Legal News

State v. Estabillio (HSC October 26, 2009) Background. Officer Pauole was contacted by the vice squad for assistance in a traffic stop. On the Big Island, the vice squad officers do not have marked police cars. Vice Officer Prudencio told Pauole that Estabillio was seen driving around Puna with expired registration stickers. Officer Prudencio also believed that Estabillio had drugs in his car. Officer Pauole found Estabillio driving and pulled behind him. According to Officer Pauole, the sticker appeared to be valid. Officer Pauole radioed to verify the stickers and continued following Estabillio. Estabillio started speeding and Officer Pauole activated his lights and sirens. Officer Pauole blocked Estabillio into a driveway. Officer Pauole asked for license, registration, and insurance. Then Officer Prudencio showed up. Officer Prudencio did not see that Estabillio had drugs. He started questioning Estabillio about certain traffic offenses then started questioning Es...

State v. Assaye (HSC September 30, 2009) Background. Assaye was charged with excessive speeding (HRS § 291C-105(a)). At his bench trial, Officer Franks testified that with a laser gun he clocked Assaye driving at 90 m.p.h. in a 55 m.p.h. zone. Officer Franks testified that he had been certified to use the laser gun and was trained to use and test the gun. He also said that he conducted four tests on the laser gun to ensure its accuracy. Assaye objected to the foundation of the reading from the laser gun. The trial court overruled the objection. Assaye was found guilty, he appealed, and the ICA affirmed. So Long Stoa : Manufacturer-Recommended Tests Necessary to Establish Foundation of the Laser Gun Reading. The HSC agreed with Assaye that the State was required to adduce evidence of manufacturer-recommended testing procedures before it could have been admitted at trial. In State v. Stoa , 112 Hawai'i 260, 265, 145 P.3d 803, 808 (App. 2006), the ICA examined t...

State v. Inman (ICA September 15, 2009) Background. Inman was charged with several counts of violating an injunction against harassment (HRS § 604-10.5). An injunction was imposed against Inman. He was not permitted to contact or threaten Klein. The charges allege that Inman made various phone calls, glared, lunged, and made an obscene gesture at Klein. Inman failed to timely file a witness list and moved the district court for leave to file a witness list. Inman proffered three witnesses: Gifford, his fiancé who would testify that he was at another place when one of the incidents took place, Parks, who would testify that she never saw Inman lunge at Klein, and Padamada, who would testify that he never saw Inman drive by and make the obscene gesture. Over the State's objection, the district court ruled that Gifford, as an alibi witness, would allowed to testify, and that Parks and Padamada would be allowed to testify only if Inman submitted a witness list including thei...

State v. Domingo (ICA September 11, 2009) Background. Domingo was indicted for one count of Accidents Involving Death or Serious Bodily Injury (HRS § 291C-12); specifically, that Domingo failed to stop his car at the scene of the accident and breached his duty to remain on the scene pursuant to HRS § 291C-14. Domingo and Tomlin were driving in separate cars on the H-1 freeway. Tomlin crossed his line and sideswiped Domingo, which caused both cars to crash into the guard rail. Tomlin's car flipped on its side and Tomlin died. Domingo's car flipped onto its roof. Domingo got out of the car, walked to the side of the freeway, and took off into the bushes. Approximately 30 minutes later, he returned to the scene. Domingo pleaded no contest and moved for a deferred acceptance of no contest plea, which was not opposed. The circuit court sentenced Domingo to five years probation and denied the motion for DANC. The circuit court ordered restitution in the amount of $13,225...

State v. Suan (ICA August 26, 2009) Background. Suan was charged with unauthorized control of a propelled vehicle (HRS § 708-836). At trial, the woman whose car was stolen and two police officers testified against Suan. Suan called two alibi witnesses and he himself testified. At closing, the prosecutor made several comments without objection. Bolstering Witnesses was Prosecutorial Misconduct. "Prosecutors are bound to refrain from expressing their personal views as to a defendant's guilt or credibility of witnesses." State v. Sanchez , 82 Hawai'i 517, 534, 923 P.2d 934, 951 (App. 1996). During her closing argument, the prosecutor told the jury that the officers who testified against Suan "have integrity" and that "their testimony really is a testament to the fact that the system does work. They were telling the truth. They have integrity. They could have come in here no reports, told you anything. They didn't." The ICA held ...

Udac v. Takata Corp. (ICA August 19, 2009) Background. Udac was driving a 1981 Nissan Pathfinder on the Big Island. The Pathfinder went off the road at around 55 mph, hit lava rocks, and rolled. Udac and his passenger were ejected. Udac was rendered a paraplegic. Udac sued Takata Corp. and Hawaii Motors alleging negligence, product liability, breach of warranties, negligent/intentional infliction of emotional distress, loss of consortium, and punitive damages. Udac contended that the Pathfinder's driver-side seatbelt designed by Takata failed to restrain Udac. At trial, Udac called Dr. Renfroe, who testified that he examined the seatbelt in the Pathfinder and opined that Udac was wearing it at the time of the accident. He also opined that the marks showed a defect in the seatbelt. Takata called its own expert, Dr. Banks, who did a separate study on seatbelts in Pathfinders. Udac objected on the grounds that it was cumulative of testimony given by Takata...

State v. Line (HSC August 11, 2009) Background. The police caught Dean Line with a crystal methamphetamine pipe and tiny plastic bags. Dean told the police that he would arrange a buy with his dealer. They agreed. Dean went to his house and never came out. The police went to the house to get him, but a woman's voice from the house indicated that he was not home. The police went away. The next day Officer Perreira and Sergeant Kikuchi went back to the house to arrest Dean. Again, a woman's voice told them that he was not home. The police left again. Two days later, the police returned. They had no warrant for the house. When they pulled up they saw Dean, who ran back into the house. The police chased him to the house in the back. Officer Perreira and Sergeant Kikuchi were not in uniform, but they announced that they were the police, ordered Dean to stop, and flashed their guns, badges, and taser guns. Dean ran into the house through a sliding glass door. ...