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  • Commentaries
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Hawaii Case Commentaries

Supreme Court Affirms Proper Signature Validation and Ballot Cure Procedures in Election Contest

Supreme Court Affirms Proper Signature Validation and Ballot Cure Procedures in Election Contest

Date: Jan 14, 2025
Supreme Court Affirms Proper Signature Validation and Ballot Cure Procedures in Election Contest Introduction In the case of Corey Rosenlee v. Glen Takahashi and others, the Supreme Court of Hawaii...
Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest

Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest

Date: Dec 27, 2024
Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest Introduction In the landmark case of KELLY T. KING et al. v. MOANA M. LUTEY et al., adjudicated by the Supreme...
Clarifying "Overage" in Election Ballot Counts: Analysis of Cushnie v. Nago

Clarifying "Overage" in Election Ballot Counts: Analysis of Cushnie v. Nago

Date: Dec 23, 2024
Clarifying "Overage" in Election Ballot Counts: Analysis of Cushnie v. Nago Introduction The case of Cushnie et al. v. Nago et al. adjudicated by the Supreme Court of Hawaii on December 20, 2024,...
Saplan v. U.S. Bank: Clarifying Burdens in Quiet Title Actions and Claim Preclusion Limits

Saplan v. U.S. Bank: Clarifying Burdens in Quiet Title Actions and Claim Preclusion Limits

Date: May 21, 2024
Saplan v. U.S. Bank: Clarifying Burdens in Quiet Title Actions and Claim Preclusion Limits Introduction In Saplan v. U.S. Bank National Association, the Supreme Court of Hawaii addressed pivotal...
Supreme Court of Hawaii Upholds Maui County's Time Share Real Property Tax Classification

Supreme Court of Hawaii Upholds Maui County's Time Share Real Property Tax Classification

Date: Apr 24, 2024
Supreme Court of Hawaii Upholds Maui County's Time Share Real Property Tax Classification Introduction In the recent landmark decision In the Matter of the Tax Appeal of WEST MAUI RESORT PARTNERS LP...
Hawaii Supreme Court Establishes Due Process Protections for Houseless Individuals’ Personal Property in Public Sweep Cases

Hawaii Supreme Court Establishes Due Process Protections for Houseless Individuals’ Personal Property in Public Sweep Cases

Date: Mar 6, 2024
Hawaii Supreme Court Establishes Due Process Protections for Houseless Individuals’ Personal Property in Public Sweep Cases Introduction In the case of Davis, Lau, Riedell, and Walton v. Bissen et...
Enhanced Appellate Jurisdiction Standards under HRAP Rule 4(a)(3)

Enhanced Appellate Jurisdiction Standards under HRAP Rule 4(a)(3)

Date: Feb 13, 2024
Supreme Court of Hawaii Establishes Enhanced Appellate Jurisdiction Standards under HRAP Rule 4(a)(3) in Tax Appeal Introduction In the landmark case Schuyler E. Cole and Marilyn J. Cole v. City and...
Hawaii Supreme Court Affirms Lack of State Constitutional Right to Publicly Carry Firearms

Hawaii Supreme Court Affirms Lack of State Constitutional Right to Publicly Carry Firearms

Date: Feb 8, 2024
Hawaii Supreme Court Affirms Lack of State Constitutional Right to Publicly Carry Firearms Introduction In the landmark case of State of Hawaiʻi v. Christopher L. Wilson (154 Haw. 8), the Supreme...
Reaffirming the Ketchum Rule: Miranda Requirements in Custodial Interrogations Under the Hawai'i Constitution

Reaffirming the Ketchum Rule: Miranda Requirements in Custodial Interrogations Under the Hawai'i Constitution

Date: Mar 16, 2023
Reaffirming the Ketchum Rule: Miranda Requirements in Custodial Interrogations Under the Hawai'i Constitution Introduction The Supreme Court of Hawai'i, in the case of State of Hawai'i v. Cyrina L....
Hawaii Supreme Court Reinforces Strict Compliance with HRS §805-1 in Criminal Complaints

Hawaii Supreme Court Reinforces Strict Compliance with HRS §805-1 in Criminal Complaints

Date: Dec 11, 2021
Hawaii Supreme Court Reinforces Strict Compliance with HRS §805-1 in Criminal Complaints Introduction The State of Hawai'i v. Corey Thompson case, adjudicated by the Supreme Court of Hawai'i on...
Supreme Court of Hawai‘i Establishes Borrower's Burden of Accounting for Mortgage Debts in Wrongful Foreclosure and UDAP Claims

Supreme Court of Hawai‘i Establishes Borrower's Burden of Accounting for Mortgage Debts in Wrongful Foreclosure and UDAP Claims

Date: Sep 4, 2021
Supreme Court of Hawai‘i Establishes Borrower's Burden of Accounting for Mortgage Debts in Wrongful Foreclosure and UDAP Claims Introduction In the landmark case of Lima, Jr. et al. v. Deutsche Bank...
Concurrent Jurisdiction in Family Court: Establishing Precedent in State of Hawai'i v. Milne

Concurrent Jurisdiction in Family Court: Establishing Precedent in State of Hawai'i v. Milne

Date: Jun 24, 2021
Concurrent Jurisdiction in Family Court: Establishing Precedent in State of Hawai'i v. Milne Introduction The case of State of Hawai'i v. Noguchi Milne addresses critical issues surrounding the scope...
U.S. Bank Trust v. Verhagen: Promissory Notes Not Hearsay and Authentication of Copies Under Scrutiny

U.S. Bank Trust v. Verhagen: Promissory Notes Not Hearsay and Authentication of Copies Under Scrutiny

Date: Jun 22, 2021
U.S. Bank Trust v. Verhagen: Promissory Notes Not Hearsay and Authentication of Copies Under Scrutiny Introduction In the landmark case of U.S. Bank Trust, N.A. v. Patrick Lowell Verhagen, (489 P.3d...
Enhancing Defendants' Rights: Supreme Court of Hawaii Establishes 'Fair and Just Reason' Standard for Pre-Sentence Plea Withdrawal

Enhancing Defendants' Rights: Supreme Court of Hawaii Establishes 'Fair and Just Reason' Standard for Pre-Sentence Plea Withdrawal

Date: Jun 5, 2021
Enhancing Defendants' Rights: Supreme Court of Hawaii Establishes 'Fair and Just Reason' Standard for Pre-Sentence Plea Withdrawal Introduction In the landmark case of State of Hawai‘i v. Theo Pedro...
Mandatory Judicial Notice of Speed Conversions: Insights from State of Hawai'i v. Kwong

Mandatory Judicial Notice of Speed Conversions: Insights from State of Hawai'i v. Kwong

Date: Mar 5, 2021
Mandatory Judicial Notice of Speed Conversions: Insights from State of Hawai'i v. Kwong Introduction In the landmark case State of Hawai'i v. Maggie Kwong, 482 P.3d 1067 (2021), the Supreme Court of...
Res Judicata Does Not Bar HRCP Rule 60(b) Motions in Foreclosure Actions

Res Judicata Does Not Bar HRCP Rule 60(b) Motions in Foreclosure Actions

Date: Oct 9, 2020
Res Judicata Does Not Bar HRCP Rule 60(b) Motions in Foreclosure Actions Introduction In the landmark case of PENNYMAC CORP. v. LEWANNA GODINEZ, 474 P.3d 264 (Haw. 2020), the Supreme Court of Hawai'i...
Hawaii Supreme Court Clarifies Jurisdictional Boundaries in Tax Controversies: Ocean Resort Villas Case

Hawaii Supreme Court Clarifies Jurisdictional Boundaries in Tax Controversies: Ocean Resort Villas Case

Date: Jun 20, 2020
Hawaii Supreme Court Clarifies Jurisdictional Boundaries in Tax Controversies: Ocean Resort Villas Case Introduction The Ocean Resort Villas Vacation Owners Association, along with individual...
Proper Requirements for Motions to Dismiss: Upholding Procedural Rules in Pro Se Cases – Erum v. Llego

Proper Requirements for Motions to Dismiss: Upholding Procedural Rules in Pro Se Cases – Erum v. Llego

Date: Jun 19, 2020
Proper Requirements for Motions to Dismiss: Upholding Procedural Rules in Pro Se Cases – Erum v. Llego Introduction In the case of Theodorico Erum, Jr. v. Josue Bumatay Llego, decided by the Supreme...
Right to Effective Counsel Extended to Certiorari Stage: An Analysis of State of Hawai‘i v. Jason K. Uchima

Right to Effective Counsel Extended to Certiorari Stage: An Analysis of State of Hawai‘i v. Jason K. Uchima

Date: May 20, 2020
Right to Effective Counsel Extended to Certiorari Stage: An Analysis of State of Hawai‘i v. Jason K. Uchima Introduction In the landmark case of State of Hawai‘i v. Jason K. Uchima (464 P.3d 852),...
Hawai'i Supreme Court Adopts Majority Rule in Deficiency Judgment Calculations

Hawai'i Supreme Court Adopts Majority Rule in Deficiency Judgment Calculations

Date: May 1, 2020
Hawai'i Supreme Court Adopts Majority Rule in Deficiency Judgment Calculations Introduction In the landmark case of HawaiiUSA Federal Credit Union v. Jonnaven Jo Monalim & Misty Marie Monalim, the...
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