Hawaiʻi’s Mandatory Pretrial Evidentiary Voluntariness Hearing Rule for Inculpatory Statements (and the New-Trial Remedy), with State v. Goers Partially Overruled I. Introduction In State v....
HRS § 291C-12(a) “Involved in a Collision” Includes Non-Contact Pursuit; Vagueness Challenges Are As-Applied Only; Bill of Particulars Can Supply Constitutionally Adequate Notice Case: State v....
Summary Judgment in Title-Contested Trespass Requires Deraignment of Title; Unchallenged Summary-Judgment Findings Are Not Binding on Appeal I. Introduction In ATC Makena N Golf LLC v. Kaiama (Haw....
“In Means In”: HRS § 711-1110.9(1)(a) Requires the Recording Device (or Its Use) to Occur Inside the Private Place Case: State v. Kaakimaka (Haw. Sup. Ct. June 22, 2026, SCWC-22-0000690) (opinion by...
Preston v. Hiraoka: Meaningful Appellate Review Requires Kelepolo-Based Consideration of Bond or Alternative Security to Stay Ejectment Possession Judgments I. Introduction Preston v. Hiraoka (Haw....
Hawaiʻi Guardianship Termination: Parental Presumption Survives Consent; Unfitness Requires Clear and Convincing Proof Case: In the Matter of the Guardianship of I.W. and T.E., SCWC-23-0000356 (Haw....
State v. Jercy: Show-Up Identifications Must Be Evaluated Under HAWJIC 3.19A and the Effect of Suggestiveness, with Suppression Required When the Record Shows Unreliability 1. Introduction State v....
Unambiguous Video Evidence Limits “Reasonably Susceptible” Inferences at Summary Judgment in Hawaiʻi I. Introduction Bellamy v. City and County of Honolulu (Haw. June 5, 2026) is a...
Premature Termination Before a Set Corrective-Action Deadline Does Not Prove “Misconduct” Disqualifying Hawaiʻi Unemployment Benefits Introduction Choi v. Tachibana Enterprises, LLC (Hawaiʻi Supreme...
State v. Ellway: Mid‑Evidence Judge Replacement in a Criminal Bench Trial Ends the First Trial and Triggers Double Jeopardy Absent a Proper Mistrial I. Introduction In State v. Ellway (Haw. June 5,...
“Good Cause” for Untimely Intervention Before the Maui Planning Commission Means a “Sufficient Reason,” Not the Chen v. Mah Default Standard Gutschmidt v. Maui Planning Commission (Haw. May 22, 2026)...
Gender-Neutral “Holding Out” Presumption Establishes Parentage for Unmarried, Nonbiological Parents Under the 1973 UPA 1. Introduction In JK v. HK (Supreme Court of Hawaiʻi, May 18, 2026), the court...
State v. Wilhelm: Harmless-Error Treatment of a Late Voluntariness Determination Under HRS § 621-26 Court: Intermediate Court of Appeals of the State of Hawaiʻi (Summary Disposition Order; Not for...
Private Attorney General Fees Do Not Require Additional Remedial Relief Beyond a Merits Victory: Fee Eligibility After an Appellate Holding That Due Process Required a Contested Case Hearing Case:...
Hawaiʻi Minimum Wage Compliance and Damages Must Be Measured “Per Hour,” Rejecting Workweek Averaging Under HRS §§ 387-2 and 387-12 1. Introduction In Bolos v. Waldorf=Astoria Management LLC (Supreme...
Informal Agency Memoranda that Alter Substantive Rights Are “Rules”; Untimely Procedural Challenges Are Barred, but Timely Objectors Cannot Be Bound by Unpromulgated Changes 1. Introduction In Martel...
State v. Bunag: Consecutive Sentencing Requires Contemporaneous, Court-Stated Reasons—No Post-Hoc Orders and No Prosecutor “Parroting” I. Introduction In State v. Bunag (Haw. Apr. 20, 2026), the...
Temporary Support and Child Support May Rely on Regular Pre-Filing Trust Distributions; Expected Continued Trust Access Can Be a VARC for Property Division Case: A.P. v. S.B. | Court: Intermediate...
Escrow Depository’s Fiduciary Duty Is Satisfied by Strict Compliance with an Unambiguous Escrow Agreement—even if the Sales Contract Would Require a Refund I. Introduction Case: Yamaguchi v. Title...
“Fraud on the Court” Claims Against Opposing Counsel Demand a High, Particularized Showing of Egregious Misconduct (and Courts Must Screen Sufficiency at the Pleading Stage) Case: Greenspon v....