Hawaii Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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...

Hawaii Supreme Court Establishes Limitation on Admitting Suicide Attempts as Evidence of Consciousness of Guilt

Date: Apr 23, 2020

Hawaii Supreme Court Establishes Limitation on Admitting Suicide Attempts as Evidence of Consciousness of Guilt Introduction In State of Hawai'i v. Keaka Martin, 463 P.3d 1022 (Haw. 2020), the Hawaii...

Supreme Court of Hawaii Establishes 'Good Cause' Standard Exclusively for HRCP Rule 55(c) Motions to Set Aside Default

Date: Jan 31, 2020

Supreme Court of Hawaii Establishes 'Good Cause' Standard Exclusively for HRCP Rule 55(c) Motions to Set Aside Default Introduction Grace Chen v. Jonathan William Mah, D.D.S.; Jonathan Mah, DDS, Inc....

Comprehensive Commentary on Goran Pleho, LLC v. Lacy and Jackson, LLLC

Date: Apr 11, 2019

Hawaii Supreme Court Establishes UDAP Liability for Attorneys in Commercial Transactions Introduction In the landmark case of Goran Pleho, LLC v. Lacy and Jackson, LLLC, adjudicated by the Supreme...

In re Tax Appeal of Priceline.com, Inc. et al.: Upholding Hawaii's Sovereign Tax Power and Redefining Tourism-Related Services under General Excise Tax

Date: Mar 5, 2019

In re Tax Appeal of Priceline.com, Inc. et al.: Upholding Hawaii's Sovereign Tax Power and Redefining Tourism-Related Services under General Excise Tax Introduction The Supreme Court of the State of...

Hawai'i Supreme Court Reinforces Transparency in Service Charge Distribution: Kawakami v. Kahala Hotel Investors, LLC

Date: Jun 30, 2018

Hawai'i Supreme Court Reinforces Transparency in Service Charge Distribution: Kawakami v. Kahala Hotel Investors, LLC Introduction In the landmark case of Kawakami v. Kahala Hotel Investors, LLC, the...

Apportioning Provisions Define GET and TAT Liability for Online Travel Companies in Hawai‘i

Date: Mar 18, 2015

Apportioning Provisions Define GET and TAT Liability for Online Travel Companies in Hawai‘i Introduction In the landmark case In the Matter of the Tax Appeal of TRAVELOCITY.COM, L.P., et al. v....

Employees' Standing in Unfair Methods of Competition Claims under HRS § 480-2(e): Insights from Davis et al. v. Four Seasons Resort

Date: Mar 30, 2010

Employees' Standing in Unfair Methods of Competition Claims under HRS § 480-2(e): Insights from Davis et al. v. Four Seasons Resort Introduction In the landmark case Davis, Apana, Kyne, Tanaka,...

Act 2 Declared Unconstitutional as Special Legislation Under Hawai'i Constitution

Date: May 14, 2009

Act 2 Declared Unconstitutional as Special Legislation Under Hawai'i Constitution Introduction In the landmark case of The SIERRA CLUB v. The DEPARTMENT OF TRANSPORTATION OF the STATE OF HAWAII, the...