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  • Commentaries
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Hawaii Case Commentaries

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

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)

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

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

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

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

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

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...
Affirmation of Indictment Sufficiency under HRS §485-21 in State of Hawaii v. Wells et al.

Affirmation of Indictment Sufficiency under HRS §485-21 in State of Hawaii v. Wells et al.

Date: May 26, 1995
Affirmation of Indictment Sufficiency under HRS §485-21 in State of Hawaii v. Wells et al. Introduction In the landmark case of State of Hawaii v. Wells et al. (78 Haw. 373), the Supreme Court of...
Jurisdictional Requirements for Timely Filing of Notice of Appeal under HRPP Rule 40: State v. Grattafiori

Jurisdictional Requirements for Timely Filing of Notice of Appeal under HRPP Rule 40: State v. Grattafiori

Date: May 20, 1995
Jurisdictional Requirements for Timely Filing of Notice of Appeal under HRPP Rule 40: State v. Grattafiori Introduction State: Hawaii Court: Supreme Court of Hawaii Date: May 19, 1995 Case: Anthony...
Reevaluation of Pretrial Identification and Accomplice Testimony Procedures: Insights from State v. Okumura

Reevaluation of Pretrial Identification and Accomplice Testimony Procedures: Insights from State v. Okumura

Date: May 5, 1995
Reevaluation of Pretrial Identification and Accomplice Testimony Procedures: Insights from State v. Okumura Introduction In the landmark case of State of Hawaii v. Leslie M. Okumura and Rogelio Mata...
Affirmation of Expert Testimony and Limitations of Manufacturer's Package Inserts in Medical Malpractice: Craft v. Peebles

Affirmation of Expert Testimony and Limitations of Manufacturer's Package Inserts in Medical Malpractice: Craft v. Peebles

Date: Apr 12, 1995
Affirmation of Expert Testimony and Limitations of Manufacturer's Package Inserts in Medical Malpractice: Craft v. Peebles Introduction In the landmark case of Teena A. Craft v. Lawrence A. Peebles,...
Final Certification and Appealability of Multi-Piece Judgments under HRCP Rule 54(b): Insights from Mauch v. Weinberg

Final Certification and Appealability of Multi-Piece Judgments under HRCP Rule 54(b): Insights from Mauch v. Weinberg

Date: Mar 16, 1995
Final Certification and Appealability of Multi-Piece Judgments under HRCP Rule 54(b): Insights from Mauch v. Weinberg Introduction The Supreme Court of Hawaii's judgment in Harry Weinberg v. Patrick...
Comprehensive Legal Commentary: State of Hawaii v. James E. Gaylord

Comprehensive Legal Commentary: State of Hawaii v. James E. Gaylord

Date: Mar 15, 1995
Understanding Judicial Discretion in Sentencing: Insights from State of Hawaii v. James E. Gaylord Introduction The case of State of Hawaii, Plaintiff-Appellee, v. James E. Gaylord,...
Supreme Court of Hawaii Upholds Arbitration Autonomy: No Court Intervention in Scheduling and Consolidation

Supreme Court of Hawaii Upholds Arbitration Autonomy: No Court Intervention in Scheduling and Consolidation

Date: Feb 25, 1995
Supreme Court of Hawaii Upholds Arbitration Autonomy: No Court Intervention in Scheduling and Consolidation Introduction The case of Bateman Construction, Inc. v. Haitsuka Brothers, Limited (77 Haw....
Affirmation of Ecclesiastical Abstention Doctrine in Civil Litigation: O'Connor v. Diocese of Honolulu

Affirmation of Ecclesiastical Abstention Doctrine in Civil Litigation: O'Connor v. Diocese of Honolulu

Date: Dec 9, 1994
Affirmation of Ecclesiastical Abstention Doctrine in Civil Litigation: O'Connor v. Diocese of Honolulu Introduction The case of John H. O'Connor, Plaintiff-Appellant versus The Diocese of Honolulu...
Clarifying Legal Causation and Apportionment of Damages: A Comprehensive Commentary on Montalvo v. John Lapez and the City and County of Honolulu

Clarifying Legal Causation and Apportionment of Damages: A Comprehensive Commentary on Montalvo v. John Lapez and the City and County of Honolulu

Date: Nov 30, 1994
Clarifying Legal Causation and Apportionment of Damages: A Comprehensive Commentary on Montalvo v. John Lapez and the City and County of Honolulu Introduction The case of Obidio T. Montalvo v. John...
Uninsured Motorist Coverage Extended to Pedestrians: Dawes v. First Insurance Company of Hawaii

Uninsured Motorist Coverage Extended to Pedestrians: Dawes v. First Insurance Company of Hawaii

Date: Nov 2, 1994
Uninsured Motorist Coverage Extended to Pedestrians: Dawes v. First Insurance Company of Hawaii Introduction The case of Jeanette Dawes, Individually and as Special Administrator of the Estate of...
Pele Defense Fund v. Puna Geothermal Venture: Expanding Judicial Oversight in Environmental Permitting

Pele Defense Fund v. Puna Geothermal Venture: Expanding Judicial Oversight in Environmental Permitting

Date: Sep 24, 1994
Affirming Judicial Review in Environmental Permitting: Insights from Pele Defense Fund v. Puna Geothermal Venture Supreme Court of Hawaii, 1994 Case Citations: 77 Haw. 64; No. 16098 Introduction The...
Hoey v. State of Hawaii: Reinforcing Timely Trials, Voluntary Confessions, and Offense Merger Principles

Hoey v. State of Hawaii: Reinforcing Timely Trials, Voluntary Confessions, and Offense Merger Principles

Date: Sep 23, 1994
Hoey v. State of Hawaii: Reinforcing Timely Trials, Voluntary Confessions, and Offense Merger Principles Introduction In the landmark case of State of Hawaii v. Brett Matthew Hoey, decided by the...
Hawaii Supreme Court Establishes Strong Protections Against Marital Status Discrimination in Employment Policies

Hawaii Supreme Court Establishes Strong Protections Against Marital Status Discrimination in Employment Policies

Date: Aug 31, 1994
Hawaii Supreme Court Establishes Strong Protections Against Marital Status Discrimination in Employment Policies Introduction The Supreme Court of Hawaii, in the landmark case of Harvey J. Ross v....
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