Hawai'i Legal News

State v. DeCoite (HSC February 28, 2014) Background. Henry DeCoite was charged with a single count of abuse of a family or household member. HRS § 709-906. The complaint stated that the offense took place “during or about the period between February 1, 2005, through June 1, 2007, inclusive, as a continuing course of conduct[.]” In response to a discovery request, the prosecution produced two instances of abuse on November 29, 2006 and on March 13, 2007. DeCoite filed a motion to dismiss the complaint on the grounds that the abuse statute does not allow the prosecution to charge the offense as a continuing course of conduct. At the hearing, the prosecution apparently presented some evidence from a domestic violence expert that multiple instances of abuse toward the same person in a relationship are part of that cycle of violence. The family court (Judge Richard T. Bissen) granted the motion. The prosecution appealed and the ICA reversed. DeCoite petitioned for certiorari. Discre...

State v. Pomroy (HSC January 31, 2014) Background. Henry Pomroy was charged with a single count of assault in the third degree. He waived his right to a trial by jury. On the day of trial, the district court did not conduct a colloquy with Pomroy about his right to testify or not testify before trial began. At trial, the complainant, Clark Lukens, testified that Pomroy was his neighbor at the Hale Moana Apartment Complex in Hilo. While he was in the backyard, Pomroy approached him and was screaming. Pomroy accused Lukens of trying to get Pomroy evicted. After five minutes of this, Pomroy left. Lukens then went into an elevator and then Pomroy suddenly appeared out of nowhere. Pomroy went into the elevator with him and the doors closed. According to Lukens, Pomroy shoved, pushed, and elbowed him several times. When the doors opened, Pomroy stopped the attack and left. He said that he had been hit very hard and was in extreme pain, but admitted that he suffered no injuries. None of t...

State v. Basham (HSC February 6, 2014) Background. Michael Basham and his son, Aliikea, were charged with assault in the first degree. The prosecution alleged that the Bashams intentionally or knowingly caused “serious bodily injury” to Steven Bloom. See HRS § 707-710. Both went to trial at the same time. The prosecution adduced these facts from witness testimony. Steven Bloom and his wife, Jennifer Chavez, were driving around Ewa Beach looking for a beach. They got into a minor motor vehicle accident with a blue car, which collided into the back of their car. Both pulled off to the side of the road. The driver was uninjured and Bloom suggested that they exchange insurance information. The driver said he had to call his father. Bloom went back to his car to get his proof of insurance and when he walked back to the blue car he saw Aliikea running up from a nearby beach. Aliikea, according to Bloom, was loud, aggressive, and was trying to intimidate him. Aliikea pushed Bloom. Mi...

State v. Kaeo (HSC February 28, 2014) Background. Paul Kaeo was indicted with one count of murder in the second degree. Evidence at trial showed that Kaeo separated from his wife Debbie and Debbie started seeing Charles Kahumoku. During the separation, Paul and Debbie communicated with each other—especially when Debbie would argue with Charles. Paul would tell Debbie that he threatened to kill Charles if he ever found him. Debbie’s father also reported that Paul would make similar threats about Charles. The incidents escalated between Paul and Charles. One day in May, Paul was with Debbie and her father preparing for a party. Paul and the father discussed Debbie and her relationship with Charles. Charles dropped off Debbie, but did not stick around. Later that night, Charles showed up and started yelling at Paul. The two of them got into an argument. Paul grabbed a pipe and started smashing Charles’ car. Paul then went to the driver’s side of the car and started “jabbing” Charl...

Ruggles v. Yayong (ICA February 7, 2014) Background. The voters on the Big Island passed an initiative to make the enforcement of marijuana laws the lowest enforcement priority in the county. The law required law enforcement activities related to drug offenses for adults to be higher than cannabis possession and cultivation of a single case involving twenty-four or fewer plants when intended for adult personal use. The law also prohibited the chief of police and the police commissioner from working with federal law enforcement agencies and prohibited the County Council from authorizing the acceptance of funds to investigate, cite, arrest, prosecute the lowest law enforcement priority policy. A group of concerned citizens on the Big Island brought a lawsuit against county officials alleging that the officials failed or refused to enforce this new law. The County responded by dismissing the case. The circuit court dismissed it on the grounds that the Hawaii Penal Code superseded the ...

State v. Armitage et al. (HSC January 28, 2014) Background. Nelson Armitage, Russell Kahookele, and Henry Noa were charged by complaint of violating Haw. Admin. Regulation (HAR) § 13-261-10, the offense of entering into the Kahoolawe Island Reserve. The complaints read as follows: That on or about the 31st day of July, 2006 . . . [the defendants] did enter or attempt to enter into, or remain within the Kahoolawe Island Reserve without being specifically authorized to do so by the commission or its authorized representative, thereby committing the offense of Entrance Into the Reserve, in violation of [HAR § 13-261-10]. The Defendants pleaded not guilty and their cases were consolidated. In their motion to dismiss, they challenged the constitutionality of the regulations and the prosecution itself. The Defendants argued, inter alia , that they had a constitutional right to go onto Kahoolawe in furtherance of traditional Native Hawaiian practices, founding an indigenous nation...

State v. Baker (HSC January 27, 2014) Background. Kaolino Richard Baker was charged with a single count of abuse of family or household member. HRS § 709-909. The incident involved his ex-girlfriend. At a pretrial hearing, Baker’s lawyer said that he signed a “waiver of jury trial” form. The form stated that Baker had a series of numbered paragraphs all of which were initialed except for the one stating that he was “entering this waiver of my own free will after careful consideration. No promises or threats have been made to me to induce me to waive my right to a jury trial.” He did, however, sign the form and it was certified by counsel that counsel went over all of the contents of the form and that counsel believed that it was signed voluntarily and intelligently. The family court conducted a colloquy, but failed to ask Baker about whether his decision to waive the right to a jury trial was voluntary. After the colloquy, Baker signed the form a second time certifying that the jud...