ORDER DENYING DEFENDANT-APPELLANT'S MOTION FOR RECONSIDERATION OF SUMMARY DISPOSITION ORDER Upon consideration of Defendant-Appellant's December 8, 2011, Motion for Reconsideration 1 of the Intermediate Court of Appeals' Summary Disposition Order filed on November 29, 2011, the papers in support of the motion, and the records and files in this case, IT IS HEREBY ORDERED that the motion is denied. FootNotes 1. Counsel is cautioned that Hawai'i Rules of Appellate Procedure Rule 32(a)...
ORDER DENYING APPELLANTS-APPELLANTS' MOTION FOR RECONSIDERATION OF THE SUMMARY DISPOSITION ORDER, FILED NOVEMBER 21, 2011 Upon consideration of Appellants-Appellants' December 1, 2011, "Motion for Reconsideration of the Summary Disposition Order, Filed November 21, 2011" in this court, the memorandum and declaration in support of the motion, and the records and files in this case, IT IS HEREBY ORDERED that the motion is denied.
SUMMARY DISPOSITION ORDER Petitioner-Appellant John Finnigan (Finnigan) appeals from the Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief (Order Denying Post-Conviction Relief) , filed on July 2, 2010, in the Circuit Court of the First Circuit (Circuit Court) 1 On August 24, 1994, Finnigan was convicted of Murder in the Second Degree and sentenced to life with the possibility of parole. On November 14, 1996, in Appeal No. 18441, Finnigan's...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER SUMMARY DISPOSITION ORDER Petitioner-Appellant John E. Robins (Robins) appeals from the "Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief (Rule 40, HRPP )" (Order Denying Petition), which was filed on February 23, 2010 in the Circuit Court of the First Circuit (Circuit Court). 1 We affirm. I. In his underlying criminal case (Cr. No. 02-1-0671), Robins pleaded guilty to the...
NOT FOR PUBLICATION SUMMARY DISPOSITION ORDER NAKAMURA, C.J., and FUJISE and LEONARD, JJ. Defendant-Appellant Raymond L. Foster (Foster) appeals from the Judgment entered by the Circuit Court of the Second Circuit (Circuit Court) 1 on August 12, 2009. Foster was convicted of promoting a dangerous drug in the third degree (Count 1) and promoting a detrimental drug in the third degree (Count 7) 2 The Circuit Court sentenced Foster to five years of imprisonment on Count 1, with a mandatory...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER SUMMARY DISPOSITION ORDER Defendant-Appellant Douglas Miller (Miller) appeals from the judgment filed on May 4, 2010, in the Family Court of the Second Circuit (circuit court). 1 After a resentencing hearing, the circuit court sentenced Miller to one year of probation, subject to several conditions, including a two-day jail term and payment of restitution in an amount to be determined by his probation officer. On appeal,...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER SUMMARY DISPOSITION ORDER Defendant-Appellant John Apele Kaluau, III, (Kaluau) appeals from the Judgment filed on March 22, 2010 in the Circuit Court of the Third Circuit 1 (circuit court). A jury found Kaluau guilty of one count of Unauthorized Entry in a Dwelling, in violation of Hawaii Revised Statutes (HRS) 708-812.6(1) (Supp. 2010), and five counts of Violation of an Order for Protection, in violation of HRS 586-11 (...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION FOLEY, Presiding Judge, FUJISE and LEONARD, JJ. Defendant-Appellant Sharon Louise Selwyn (Selwyn) appeals from the Judgment of Conviction and Probation Sentence entered by the Circuit Court of the Third Circuit (Circuit Court) on June 23, 2009. 1 Selwyn was charged by an indictment filed on November 8, 2007 with: (1) False Reporting to Law Enforcement Authorities, in violation of Hawaii Revised...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER SUMMARY DISPOSITION ORDER Defendant-Appellant Kevin M. Yamahata (Yamahata) appeals the August 11, 2010 Order and Notice of Entry of Order entered in the District Court of the First Circuit, Honolulu Division (district court). 1 On March 31, 2010, a Complaint was filed charging Yamahata with Operating a Vehicle Under the Influence of an Intoxicant, in violation of Hawaii Revised Statutes (HRS) 291E-61(a)(1) and/or (a)(3) (...
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER SUMMARY DISPOSITION ORDER Defendant-Appellant Emilio Soria ("Soria") appeals from the December 6, 2010 Notice of Entry of Judgment and/or Order and Plea/Judgment filed in the District Court of the First Circuit, Honolulu Division ("District Court"). 1 We affirm the District Court's judgment. 2 On November 1, 2010, a Complaint was filed charging Soria as follows: On or about the 11th day of October, 2010, in the City and...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Defendant-Appellant Juan Castro, Jr. (Castro), aka "Kalani," appeals from the Judgment filed on October 22, 2009, in the Circuit Court of the First Circuit (circuit court). Plaintiff-Appellee State of Hawai`i (State) charged Castro by grand jury indictment with one count of Methamphetamine Trafficking in the First Degree inviolation of Act 230, Section 4, Session Laws of Hawaii, Regular Session of 2006 (...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Defendant-Appellant Juan Castro, Jr. (Castro), aka "Kalani," appeals from the Judgment filed on October 22, 2009, in the Circuit Court of the First Circuit (circuit court). Plaintiff-Appellee State of Hawai'i (State) charged Castro by grand jury indictment with one count of Methamphetamine Trafficking in the First Degree in violation of Act 230, Section 4, Session Laws of Hawaii, Regular Session of 2006 (...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER SUMMARY DISPOSITION ORDER Defendant-Appellant Wayne Foster Berry (Wayne) appeals from the Order Denying Motion to Set Aside (Order) and the Findings of Fact and Conclusions of Law (FOFs/COLs), both filed on September 22, 2010 in the Family Court of the First Circuit (family court). 1 The Order denied Wayne's October 9, 2009 Motion to Set Aside (Motion to Set Aside) the November 21, 2008 Decree Granting Absolute Divorce and...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER ORDER OF CORRECTION IT IS HEREBY ORDERED that the Summary Disposition Order of the court filed on July 21, 2011, is hereby corrected at page 3, in the attorney-credit section, to replace "Frances" with "Francis". The attorney-credit section shall now read as follows: The clerk of the court is directed to take all necessary steps to notify the publishing agencies of this change. FootNotes 1. Nakamura, Chief Judge, Fujise...
Opinion of the Court by LEONARD, J. Defendant-Appellant Keith A. Silva ( Silva ) appeals from the First Amended Rule 54(b) Final Judgment for Plaintiff Alexander & Baldwin [( A & B )] Against Defendants, Quieting Title to Tax Map Key [( TMK )] Parcel Nos. (4) 2-6-4-11 and (4) 2-6-04-18 ( Amended Judgment ), entered on April 20, 2007, in the Circuit Court of the Fifth Circuit ( Circuit Court ). 1 We hold that: (1) the Circuit Court was not required to enter findings of fact and conclusions...
