Hawaii Case Commentaries

De Novo Review Standard for Rule 40 Petitions and Ineffective Assistance of Counsel: Insights from State v. Dan

Date: Aug 30, 1994

De Novo Review Standard for Rule 40 Petitions and Ineffective Assistance of Counsel: Insights from State v. Dan Introduction In the landmark case State v. Dan, 76 Haw. 423 (1994), the Supreme Court...

Sanctions Under HAR 26 in Richardson v. Sport Shinko: A Comprehensive Analysis

Date: Aug 30, 1994

Sanctions Under HAR 26 in Richardson v. Sport Shinko: A Comprehensive Analysis Introduction Renee M. Richardson and Thaddeus Richardson v. Sport Shinko (WaiKiki Corporation) is a pivotal case decided...

Affirmation of Whistleblower Protections in Public Employment Practices: Crosby v. State of Hawaii

Date: Jul 19, 1994

Affirmation of Whistleblower Protections in Public Employment Practices: Crosby v. State of Hawaii Introduction In the landmark case of PETER A. CROSBY, PLAINTIFF-APPELLANT, v. STATE OF HAWAII...

Prosecutorial Immunity and Municipal Liability in Civil Rights Litigation: Reed v. City and County of Honolulu

Date: May 14, 1994

Prosecutorial Immunity and Municipal Liability in Civil Rights Litigation: Reed v. City and County of Honolulu Introduction Reed v. City and County of Honolulu, 76 Haw. 219 (1994), is a landmark...

Ensuring Impartiality in Jury Trials: Insights from State of Hawaii v. Furutani

Date: Apr 28, 1994

Ensuring Impartiality in Jury Trials: Insights from State of Hawaii v. Furutani Introduction State of Hawaii v. Henry H. Furutani, 76 Haw. 172 (1994), is a pivotal case adjudicated by the Supreme...

Jenkins v. Cades Schutte Fleming Wright: Clarifying Appellate Jurisdiction and the Separate Judgment Requirement under HRCP 58

Date: Mar 15, 1994

Jenkins v. Cades Schutte Fleming Wright: Clarifying Appellate Jurisdiction and the Separate Judgment Requirement under HRCP 58 Introduction In the landmark case of Danny Harris Jenkins v. Cades...

Ordinance 91-95 Not Preempted by State Law: Hawaii Supreme Court Establishes Local Authority in Condominium Leasehold Conversions

Date: Mar 8, 1994

Ordinance 91-95 Not Preempted by State Law: Hawaii Supreme Court Establishes Local Authority in Condominium Leasehold Conversions Introduction In the landmark case of Richardson et al. v. City and...

Affirmation of Hawaii's Administrative Revocation Program for DUI Offenses

Date: Aug 10, 1993

Affirmation of Hawaii's Administrative Revocation Program for DUI Offenses Introduction In the landmark case of CHARLES KERNAN, Petitioner-Appellant, v. IRWIN TANAKA, decided on August 9, 1993, by...

Enhancing Defendants' Rights: Mandatory Competency Hearings and Limits on Police Deception in Confessions

Date: Apr 16, 1993

Enhancing Defendants' Rights: Mandatory Competency Hearings and Limits on Police Deception in Confessions 1. Introduction The case of State of Hawaii v. John Anthony Kelekolio (74 Haw. 479)...

Effective Assistance of Counsel and Proper Jury Instructions in Multi-Count Criminal Convictions: An Analysis of STATE v. BRIONES

Date: Apr 1, 1993

Effective Assistance of Counsel and Proper Jury Instructions in Multi-Count Criminal Convictions: An Analysis of STATE v. BRIONES Introduction STATE v. BRIONES, 74 Haw. 442 (1993), is a landmark...

Expanded Standing for Determining Unsuitability in Professional Negligence Claims: Insights from DOROTHY ZERESTA FRANKS v. CITY AND COUNTY OF HONOLULU

Date: Jan 21, 1993

Expanded Standing for Determining Unsuitability in Professional Negligence Claims: Insights from DOROTHY ZERESTA FRANKS v. CITY AND COUNTY OF HONOLULU Introduction The case of DOROTHY ZERESTA FRANKS...

Kealoha v. County of Hawaii: Establishing No Tort Duty for Helmet Use by Motorcyclists

Date: Jan 16, 1993

Kealoha v. County of Hawaii: Establishing No Tort Duty for Helmet Use by Motorcyclists Introduction Kealoha v. County of Hawaii is a landmark 1993 decision by the Supreme Court of Hawaii that...

Amfac, Inc. v. Waikiki Beachcomber Investment Company: Establishing New Precedents in Indemnification Agreements

Date: Oct 15, 1992

Amfac, Inc. v. Waikiki Beachcomber Investment Company: Establishing New Precedents in Indemnification Agreements Introduction Amfac, Inc., a Hawaii corporation, engaged in a legal dispute with...

Broadening Implied Warranty of Merchantability: Liability for Medical Device Defects and Mental Distress

Date: Oct 1, 1992

Broadening Implied Warranty of Merchantability: Liability for Medical Device Defects and Mental Distress Introduction In the landmark case of David W. Larsen and Shirley Larsen v. Pacesetter Systems,...

Hawaii Supreme Court Affirms Native Hawaiian Access Rights Under Article XII, §7

Date: Sep 29, 1992

Hawaii Supreme Court Affirms Native Hawaiian Access Rights Under Article XII, §7 Introduction In the landmark case of Pele Defense Fund (PDF) v. William Paty et al., the Supreme Court of Hawaii...

Negligence Liability of Publishers and Municipal Authorities: An Analysis of Birmingham v. Fodor's Travel Publications

Date: Jul 21, 1992

Negligence Liability of Publishers and Municipal Authorities: An Analysis of Birmingham v. Fodor's Travel Publications Introduction Birmingham v. Fodor's Travel Publications, Inc. is a landmark case...

Reaffirming Principles of Criminal Liability through Commission and Omission in Second-Degree Murder: STATE v. BATSON

Date: Jun 5, 1992

Reaffirming Principles of Criminal Liability through Commission and Omission in Second-Degree Murder: STATE v. BATSON Introduction State of Hawaii v. William Batson, 73 Haw. 236 (1992), is a pivotal...

Reevaluation of Rape Shield Laws: State of Hawaii v. Carlos Calbero

Date: Dec 29, 1989

Reevaluation of Rape Shield Laws: State of Hawaii v. Carlos Calbero Introduction State of Hawaii v. Carlos Calbero is a pivotal case adjudicated by the Supreme Court of Hawaii on December 28, 1989....

Requiring Clear and Convincing Evidence for Punitive Damages: Establishing a New Standard in Hawaii’s Products Liability Jurisprudence

Date: Sep 21, 1989

Requiring Clear and Convincing Evidence for Punitive Damages: Establishing a New Standard in Hawaii’s Products Liability Jurisprudence Introduction The case of Steven Masaki, Frank Masaki, and Sumiye...

Pinero v. State of Hawaii: Enhancing Fair Trial Protections through Strict Evidentiary and Instructional Protocols

Date: Jul 26, 1989

Pinero v. State of Hawaii: Enhancing Fair Trial Protections through Strict Evidentiary and Instructional Protocols Introduction Pinero v. State of Hawaii is a pivotal 1989 decision by the Supreme...

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