State v. Tolentino (HSC June 30, 2026). Henry
Tolentino was pulled over for speeding. He was ordered out of the car. An
officer drew his gun and ordered him to get on the ground. Tolentino ran away. An
officer
Hawaii Legal News
Hawaii Legal News, published by B. Lowenthal, covers recent developments and case law in Hawaii's criminal justice system. The blog discusses topics such as constitutional rights during police interrogations, evidentiary standards for expert testimony, statutory interpretation in criminal indictments, sentencing enhancements, and procedural issues in criminal appeals. It highlights decisions from the Hawaii Supreme Court and Intermediate Court of Appeals, focusing on due process, self-incrimination, jury instructions, and the application of state statutes in criminal prosecutions. The blog provides analysis of how Hawaii courts address the balance between defendants' rights and prosecutorial requirements in various criminal law contexts.
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Another botched attempt to impose consecutive sentences.
By Unknown
State v. Bunag (HSC April 26, 2026). Alden Bunag was a substitute teacher for thirteen months. In that
time, he sexually assaulted a child, recorded it, and shared it in an online
chatroom. FBI agents investigated. The victim confirmed…
An unrecorded police interrogation—inside and outside the station—violates Due Process in Hawaii.
By Unknown
State v. Zuffante (HSC September 17, 2025). Charles Zuffante and his girlfriend were pulled over by the
police for driving around Kona with expired registration. The car was
registered to his girlfriend. The officers saw a glass pipe in…
HSC holds a sentencing enhancement is not an element under a state statute even thought it is an element under the Sixth Amendment.
By Unknown
State v. Smith (HSC September 12, 2025). Brian Smith was indicted for murder and attempted murder arising
from a shooting in Kona. Both counts alleged that he was subject to a sentencing
enhancement under HRS § 706-660.1 alleging that…
Police have to let you know that you’re free to go (so long as you actually are free to go).
By Unknown
State v. Spies (HSC September 16, 2025). Jonathan Spies was stopped by the police as he stepped out of
his truck in the Foodland parking lot in Waimea on the Big Island. Sierra
Valderrama was in the passenger seat.…
HSC continues to clarify when the State has to include statutory definitions in the charging document.
By Unknown
State v. Kaakimaka (HSC August 28, 2025). The prosecution charged Koa Kaakimaka with invasion of privacy
in the first degree in violation of HRS § 711-1110.9(1)(a). A person commits
that offense when:
[T]he person intentionally or knowingly
installs…
HSC cuts the bill for an expert, upholds consecutive sentence on remand because it is not “more severe” than original sentence.
By Unknown
State v. Lavoie (HSC August 13, 2025). Marlin Lavoie was charged, tried, and convicted of murder and
firearms-related offenses. The circuit court (Hon. Judge Joseph E. Cardoza) sentenced
him to life with the possibility of parole and the firearms…
How “reasonable” is a reasonable inference when it comes to closing arguments? Context is key.
By Unknown
State v. Willis (HSC July 22, 2025). Erik
Willis was indicted for attempted murder in the second degree. Before trial, he
filed motions to dismiss and suppress evidence. The circuit court—the Hon.
Judge Kevin Souza—denied them and he filed an…
When you say it's in the discovery, attach the discovery
By Unknown
In re: JB (ICA
June 6, 2025). The prosecution
filed a petition against a minor alleging that the minor committed assault in the
third degree. It alleged that the minor “intentionally, knowingly, or
recklessly cause[d] bodily injury” to the…
Getting out of a plea deal the (not so) easy way?
By Unknown
State v. Walter (HSC June 5, 2025). Weiser
Walter was indicted for attempted murder in the first degree, murder in the
second degree, and attempted 2d degree murder after he was arrested for stabbing
his adoptive sister and four-year-old…