ICA analysis in Hawaii

2015With respect to the first sentence of the ICA’s standard of review section, Kay quotes this court’s decision in Tatibouet, 99 Hawaii 226 , 54 P.3d 397 .

2015With respect to the first sentence of the ICA’s standard of review section, Kay quotes this court’s decision in Tatibouet, 99 Hawai#i 226, 54 P.3d 397 .

2011Torres , 122 Hawai`i at 12-13, 222 P.3d at 419-20 . [10] As indicated infra, we review the ICA's analysis with regard to the second question presented in his Application. [11] We conclude that Petitioner's third question must be answered in the negative.

2011Torres , 122 Hawai`i at 12-13, 222 P.3d at 419-20 . [11] As indicated infra, we review the ICA's analysis with regard to the second question presented in his Application. [12] We conclude that Petitioner's third question must be answered in the negative.

2004In Gussin v. Gussin, 73 Haw. 470, 488-89 , 836 P.2d 484 (1992), the Hawai'i Supreme Court stated, in relevant part, as follows: The ICA’s analysis of the gift issue in this case is inconsistent with what it required of the family court in Bennett v. Bennett, 8 Haw.App. 415 , 807 P.2d 597 (1991).

2004In Gussin v. Gussin, 73 Haw. 470, 488-89 , 836 P.2d 484 (1992), the Hawai'i Supreme Court stated, in relevant part, as follows: The ICA’s analysis of the gift issue in this case is inconsistent with what it required of the family court in Bennett v. Bennett, 8 Haw.App. 415 , 807 P.2d 597 (1991).

2023Thus, in Ling, the ICA held that a hearing on the merits of an injunction petition must commence within fifteen days of service of the ex parte TRO on the respondent,13 but that when hearings on the merits begin, a TRO can be extended beyond the statutory maximum for an ex parte TRO. 91 Hawaiʻi at 134-35 , 980 P.2d at 1008-09 .

2021Desmond, 91 Hawaiʻi at 220-21, 982 P.2d at 354-55 .

2021Id. at 433, 453 P.3d at 253 ). 9 *** NOT FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** The ICA denied Hardoby’s motion because it concluded that “Hardoby has not presented any points of law or fact the court has overlooked or misapprehended.” See Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 40(b) (2000) (providing that a motion for reconsideration “shall state with particularity the points of law or fact that the moving party contends the court has overlooked or misapprehended”).

2020While it is unnecessary to address this issue, we do not agree with the ICA’s analysis. 30 ***FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER*** This court considered the prejudicial effect of similarly irrelevant testimony in State v. Uyesugi, 100 Hawai‘i 442, 60 P.3d 843 (2002).

2020The ICA’s analysis appears to have been based on a misapplication of Aicken and Food Pantry, Ltd. v. Waikiki Business Plaza, Inc., 58 Haw. 606 , 575 P.2d 869 (1978).

2020The ICA’s analysis appears to have been based on a misapplication of Aicken and Food Pantry, Ltd. v. Waikiki Business Plaza, Inc., 58 Haw. 606 , 575 P.2d 869 (1978).

2020While acknowledging that jurisdictions varied in their interpretation of the test’s “adaptation” element, 7 the ICA applied the analysis set forth in Zangerle v. Republic Steel Corp., 60 N.E.2d 170 (Ohio 1945), given its consistency with Cartwright v. Widemann,8 which the ICA described as the “only 7 The ICA did not cite to any cases demonstrating how different jurisdictions treated the “adaptation” prong of the common law fixture test.

2019The ICA quoted Nobriga for the proposition that an exemption always constitutes a defense "when the facts or evidence concerning the [exemption] are 'peculiarly within the knowledge of the defendant' or 'within the defendant's private control[.]' " Castillon , 140 Hawai'i at 246 , 398 P.3d at 835 (quoting Nobriga , 10 Haw.

2019The ICA quoted Nobriga for the proposition that an exemption always constitutes a defense "when the facts or evidence concerning the [exemption] are 'peculiarly within the knowledge of the defendant' or 'within the defendant's private control[.]' " Castillon , 140 Hawai'i at 246 , 398 P.3d at 835 (quoting Nobriga , 10 Haw.

2019Id. 12 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** decision.

2018See Reyes-Toledo , SDO at 4-5 (citing Santiago v. Tanaka , 137 Hawai'i 137 , 366 P.3d 612 (2016) ; Cervantes v. Countrywide Home Loans, Inc. , 656 F.3d 1034 (9th Cir. 2011) ).

2017Tsujimura, 137 Hawai'i at 123 , 366 P.3d at 179 .

2017Tsujimura, 137 Hawaii at 123, 366 P.3d at 179 .

2017In evaluating Tsujimura’s contention, the ICA applied the test set forth in State v. Padilla, 67 Haw. 150 , 552 P.2d 357 (1976), and considered whether the prosecutor’s question and Officer Billins’ answer to it were manifestly intended or of such character that the district court would naturally and necessarily take it to be a comment on Tsujimura’s exercise of his right to remain silent.

2017In evaluating Tsujimura’s contention, the ICA applied the test set forth in State v. Padilla, 57 Haw. 150 , 158 P.2d 357 (1976), and considered whether the prosecutor’s question and Officer Billins’ answer to it were manifestly intended or of such character that the district court would naturally and necessarily take it to be a comment on Tsujimura’s exercise of his right to remain silent.

2017The ICA's analysis in Kido, 102 Hawai'i at 379 , 76 P.3d at 622 , is instructive.

2017The ICA's analysis in Kido, 102 Hawai'i at 379 , 76 P.3d at 622 , is instructive.

2016The ICA’s analysis instead seems to find that, because Dr. Bivens’ testimony is relevant and not categorically excluded, it must always be admitted when applying HRE Rule 403. 13 However, while expert testimony regarding child sexual abuse may be admissible to “assist the jury” under Batangan , it should only be admitted if it may be presented “without unduly prejudicing the defendant.” Batangan, 71 Haw. at 557-58 , 799 P.2d at 51-52 .

2016The ICA’s analysis instead seems to find that, because Dr. Bivens’ testimony is relevant and not categorically excluded, it must always be admitted when applying HRE Rule 403. 13 However, while expert testimony regarding child sexual abuse may be admissible to “assist the jury” under Batangan , it should only be admitted if it may be presented “without unduly prejudicing the defendant.” Batangan, 71 Haw. at 557-58 , 799 P.2d at 51-52 .

2015The ICA’s analysis was in error The protections guaranteed in article I, section 7 of the Hawai'i Constitution “against unreasonable searches and seizures and invasions of privacy” are preserved by the fundamental principle in our law that warrantless searches are unreasonable per se, absent “a few specifically established and well-delineated exceptions.” Garni, 81 Hawaii at 368 , 917 P.2d at 380 .

2015The ICA’s analysis was in error The protections guaranteed in article I, section 7 of the Hawai'i Constitution “against unreasonable searches and seizures and invasions of privacy” are preserved by the fundamental principle in our law that warrantless searches are unreasonable per se, absent “a few specifically established and well-delineated exceptions.” Garni, 81 Hawaii at 368 , 917 P.2d at 380 .

2015Garcia, 96 Hawai'i at 207, 29 P.3d at 926; Wilson, 92 Hawaii at 49-50 , 987 P.2d at 272-73 ; Nakamoto, 64 Haw. at 21 , 635 P.2d at 951 .

2015Garcia, 96 Hawai'i at 207, 29 P.3d at 926; Wilson, 92 Hawaii at 49-50 , 987 P.2d at 272-73 ; Nakamoto, 64 Haw. at 21 , 635 P.2d at 951 .

2015Garcia, 96 Hawai'i at 207, 29 P.3d at 926; Wilson, 92 Hawaii at 49-50 , 987 P.2d at 272-73 ; Nakamoto, 64 Haw. at 21 , 635 P.2d at 951 .