Hawaii Case Commentaries

Lifetime Driver's License Revocation: Definitive Ruling Under Hawaii's Administrative Revocation of Driver's License Act (HARDLA)

Date: Jan 31, 1997

Lifetime Driver's License Revocation: Definitive Ruling Under Hawaii's Administrative Revocation of Driver's License Act (HARDLA) Introduction In the landmark case of Bradford L. Gray v....

Protecting Unanimous Verdict Rights in Aggregated Sexual Assault Indictments

Date: Nov 19, 1996

Protecting Unanimous Verdict Rights in Aggregated Sexual Assault Indictments Introduction In the landmark case of STATE of Haw., Plaintiff-Appellee, v. Anthony Arceo, Defendant-Appellant, the Supreme...

State of Hawai'i v. Clark: Admissibility of Prior Statements and Domestic Violence Evidence

Date: Nov 1, 1996

State of Hawai'i v. Clark: Admissibility of Prior Statements and Domestic Violence Evidence Introduction State of Hawai'i v. Francis Eugene Clark is a landmark case decided by the Supreme Court of...

ROH §8-7.1(a) Enforces Market Data and Cost Approaches, Excluding Income Approach in Property Valuation

Date: Sep 4, 1996

ROH §8-7.1(a) Enforces Market Data and Cost Approaches, Excluding Income Approach in Property Valuation Introduction The case of In the Matter of the Tax Appeal of William Weinberg, successor in...

Limits on Interlocutory Appeals in DUI Cases: The Ontiveros Decision

Date: Aug 31, 1996

Limits on Interlocutory Appeals in DUI Cases: The Ontiveros Decision Introduction In the landmark case of State of Hawaii v. Frankie A. Ontiveros, decided on August 30, 1996, the Supreme Court of...

Enforceability of Arbitration Agreements in Employment Contexts: Alabanza v. KFC

Date: Aug 28, 1996

Enforceability of Arbitration Agreements in Employment Contexts: Alabanza v. KFC Introduction The landmark case of Alabanza v. KFC National Management Company addressed critical issues surrounding...

Clarification of the Economic Loss Rule in Negligent Misrepresentation Claims: State of Hawaii v. U.S. Steel Corporation

Date: Jun 25, 1996

Clarification of the Economic Loss Rule in Negligent Misrepresentation Claims: State of Hawaii v. U.S. Steel Corporation Introduction The landmark decision in State of Hawaii v. U.S. Steel...

Recognition of the Tort of Bad Faith in First-Party Insurance Claims in Hawaii

Date: Jun 22, 1996

Recognition of the Tort of Bad Faith in First-Party Insurance Claims in Hawaii Introduction The case of The Best Place, Inc. v. Penn America Insurance Company (82 Haw. 120) represents a pivotal...

Expansion of "Wilful and Wanton Misconduct" in Workers' Compensation: Iddings v. Mee-Lee

Date: Jun 21, 1996

Expansion of "Wilful and Wanton Misconduct" in Workers' Compensation: Iddings v. Mee-Lee Introduction Iddings v. Mee-Lee is a landmark case decided by the Supreme Court of Hawaii on June 20, 1996....

Statutory Merger of First Degree Murder and Attempted First Degree Murder Established in State v. Ganal

Date: May 9, 1996

Statutory Merger of First Degree Murder and Attempted First Degree Murder Established in State of Hawaii v. Orlando Ganal, Sr. Introduction In the landmark case of State of Hawaii v. Orlando Ganal,...

STATE of Haw. v. Merino: Affirming Discretion in No Contest Pleas and Plea Withdrawal under HRPP

Date: Apr 12, 1996

STATE of Haw. v. Merino: Affirming Discretion in No Contest Pleas and Plea Withdrawal under HRPP Introduction The case of STATE of Haw. v. William Merino (81 Haw. 198) presents a significant...

Affirmation of Physical Abuse Conviction under HRS §709-906(1): State of Haw. v. Thomas Eastman

Date: Mar 16, 1996

Affirmation of Physical Abuse Conviction under HRS §709-906(1): State of Haw. v. Thomas Eastman Introduction In the landmark case State of Haw., Plaintiff-Appellee, v. Thomas Eastman,...

Clarification of the Plain View Doctrine in the Context of Transparent Containers: Wallace v. State of Hawaii

Date: Jan 11, 1996

Clarification of the Plain View Doctrine in the Context of Transparent Containers: Wallace v. State of Hawaii Introduction In the landmark case of State of Hawaii v. Len Kanoi Wallace, decided on...

Affirmation of Sanction Orders and Referral to Disciplinary Counsel: Bettencourt v. Bettencourt

Date: Dec 14, 1995

Affirmation of Sanction Orders and Referral to Disciplinary Counsel: Bettencourt v. Bettencourt Introduction In Ruby Ann Bettencourt, nka Ruby Ann Richardson, Plaintiff-Appellee, v. Calvin G....

Hawaii Supreme Court Overrules Tagaro: No Attempted Manslaughter under HRS §§ 705-500 & 707-702(1)(a)

Date: Nov 9, 1995

Hawaii Supreme Court Overrules Tagaro: No Attempted Manslaughter under HRS §§ 705-500 & 707-702(1)(a) Introduction In the landmark case of State of Hawaii v. Billy Holbron, 80 Haw. 27 (1995), the...

Double Jeopardy Not Triggered by Administrative License Revocation in DUI Cases: Toyomura v. State of Hawaii

Date: Oct 12, 1995

Double Jeopardy Not Triggered by Administrative License Revocation in DUI Cases: Toyomura v. State of Hawaii Introduction In State of Haw. v. Harry Hidenori Toyomura, the Supreme Court of Hawaii...

Supreme Court Affirms Objective Standard for Informed Consent and Causation in Medical Malpractice: BERNARD v. CHAR

Date: Oct 7, 1995

Supreme Court Affirms Objective Standard for Informed Consent and Causation in Medical Malpractice: BERNARD v. CHAR Introduction BERNARD v. CHAR is a landmark case adjudicated by the Supreme Court of...

Adoption of the Patient-Oriented Standard for Informed Consent: A New Precedent in Hawaii

Date: Oct 6, 1995

Adoption of the Patient-Oriented Standard for Informed Consent: A New Precedent in Hawaii Introduction The Supreme Court of Hawaii, in the landmark case Robin Carr, indi v. Straub Clinic Hospital,...

Ensuring Voluntary Waiver of the Right to Testify: Insights from State v. Tachibana

Date: Jul 27, 1995

Ensuring Voluntary Waiver of the Right to Testify: Insights from State v. Tachibana Introduction State v. Tachibana, 79 Haw. 226 (1995), is a landmark decision by the Supreme Court of Hawaii that...

Double Jeopardy Protections Affirmed: Analysis of STATE of Haw. v. Guyus L. Higa

Date: Jun 14, 1995

Double Jeopardy Protections Affirmed: Analysis of STATE of Haw. v. Guyus L. Higa Introduction In the landmark case of STATE of Haw., Plaintiff-Appellee, v. Guyus L. Higa, Defendant-Appellant, decided...