Hawaii Case Commentaries

State v. Bunag: Consecutive Sentencing Requires Contemporaneous, Court-Stated Reasons—No Post-Hoc Orders and No Prosecutor “Parroting”

Date: Apr 24, 2026

State v. Bunag: Consecutive Sentencing Requires Contemporaneous, Court-Stated Reasons—No Post-Hoc Orders and No Prosecutor “Parroting” I. Introduction In State v. Bunag (Haw. Apr. 20, 2026), the...

Temporary Support and Child Support May Rely on Regular Pre-Filing Trust Distributions; Expected Continued Trust Access Can Be a VARC for Property Division

Date: Mar 28, 2026

Temporary Support and Child Support May Rely on Regular Pre-Filing Trust Distributions; Expected Continued Trust Access Can Be a VARC for Property Division Case: A.P. v. S.B. | Court: Intermediate...

Escrow Depository’s Fiduciary Duty Is Satisfied by Strict Compliance with an Unambiguous Escrow Agreement—even if the Sales Contract Would Require a Refund

Date: Mar 22, 2026

Escrow Depository’s Fiduciary Duty Is Satisfied by Strict Compliance with an Unambiguous Escrow Agreement—even if the Sales Contract Would Require a Refund I. Introduction Case: Yamaguchi v. Title...

Greenspon: “Fraud on the Court” Against Opposing Counsel Requires Egregious, Particularized Misconduct; Vexatious-Litigant Orders Sustainable on Record of Delay and Prior Out-of-State Designation

Date: Feb 15, 2026

“Fraud on the Court” Claims Against Opposing Counsel Demand a High, Particularized Showing of Egregious Misconduct (and Courts Must Screen Sufficiency at the Pleading Stage) Case: Greenspon v....

HRS § 663-10 Liens Are Insurers’ Exclusive Remedy After a Tort Class Settlement—No Intervention or “Non-Claimant” Subrogation

Date: Feb 13, 2026

HRS § 663-10 Liens Are Insurers’ Exclusive Remedy After a Tort Class Settlement—No Intervention or “Non-Claimant” Subrogation Case: Burnes v. Hawaiian Electric Company, Inc. Court: Supreme Court of...

Written Findings Are Mandatory to Seal Civil Dockets and Complaints in Hawaiʻi; Mandamus Lies to Unseal Absent Rogan Findings

Date: Jan 8, 2026

Written Findings Are Mandatory to Seal Civil Dockets and Complaints in Hawaiʻi; Mandamus Lies to Unseal Absent Rogan Findings 1. Introduction In Civil Beat Law Center for Public Interest v. Kawashima...

Piezko v. County of Maui — Exclusive Tax Appeal Court Jurisdiction Over Real Property Tax Refund Claims Styled as Civil Actions

Date: Jan 5, 2026

Piezko v. County of Maui — Exclusive Tax Appeal Court Jurisdiction Over Real Property Tax Refund Claims Styled as Civil Actions 1. Introduction Parties: Christopher Piezko and Janel Lee Piezko, as...

Lane v. Avis Budget Group, Inc.: Foundation Required to Treat “Low-Impact/Biomechanics” IME Opinions as Substantial Evidence Rebutting HRS § 386-85

Date: Jan 5, 2026

Lane v. Avis Budget Group, Inc.: Foundation Required to Treat “Low-Impact/Biomechanics” IME Opinions as Substantial Evidence Rebutting HRS § 386-85 Court: Supreme Court of Hawaiʻi Date: December 30,...

RSCH Rule 2.13 Interim Restraint Requires a Record Showing the Conviction Offense Involved “Dishonesty or False Statement”

Date: Oct 1, 2025

RSCH Rule 2.13 Interim Restraint Requires a Record Showing the Conviction Offense Involved “Dishonesty or False Statement” I. Introduction Office of Disciplinary Counsel v. Leong is an attorney...

Public-Access Rule for Deceased/Missing Foster-Child CPA and Adoption Records; Kema Narrowing of “Legitimate Purpose” Overruled

Date: Oct 1, 2025

Public-Access Rule for Deceased/Missing Foster-Child CPA and Adoption Records; Kema Narrowing of “Legitimate Purpose” Overruled Case: Public First Law Center v. Viola Court: Supreme Court of Hawaiʻi...

State v. Brown: No Suppression of ISP Subscriber Name Absent Proof of a Subjective Privacy Expectation; No Arceo Unanimity Instruction Without Evidence of Multiple Culpable Acts

Date: Oct 1, 2025

State v. Brown: No Suppression of ISP Subscriber Name Absent Proof of a Subjective Privacy Expectation; No Arceo Unanimity Instruction Without Evidence of Multiple Culpable Acts Court: Supreme Court...

Revocable Water Permit Renewals Are Reviewable Under HRS § 91-14 When a Contested Case Hearing Is Wrongfully Denied

Date: Oct 1, 2025

Revocable Water Permit Renewals Are Reviewable Under HRS § 91-14 When a Contested Case Hearing Is Wrongfully Denied 1. Introduction Kia'i Wai o Wai'ale'ale and Friends of Māhā'ulepū (collectively,...

Eason v. State (Haw. 2025): HRPP Rule 40 Confirmed as Constitutional Unitary Post-Conviction Procedure; Habeas Corpus Not “Abolished”; No Burden-Shift Where Plea Record Is Not Minimal

Date: Oct 1, 2025

HRPP Rule 40 Confirmed as a Constitutional Unitary Post-Conviction Procedure; Habeas Corpus Not “Abolished”; Missing Plea Transcript Does Not Trigger Burden-Shifting Where the Record Is Not Minimal...

HRCP Rule 60(b) Reconsideration Motions Toll the HRAP Rule 4(a)(1) Appeal Deadline When Filed Within the 30-Day Appeal Period

Date: Oct 1, 2025

HRCP Rule 60(b) Reconsideration Motions Toll the HRAP Rule 4(a)(1) Appeal Deadline When Filed Within the 30-Day Appeal Period I. Introduction Case: Mālama Kakanilua v. Director of the Department of...

Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements

Date: Sep 13, 2025

Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements Case: State v. Smith, SCWC-21-0000504 Court: Supreme...

Fee-Shifting in HEPA Appeals: Private Attorney General Awards Against Developers; HRS § 607‑25(e)(1) Limited to Private Parties and Premature Absent Final Approval Determination

Date: Sep 12, 2025

Fee-Shifting in HEPA Appeals: Private Attorney General Awards Against Developers; HRS § 607‑25(e)(1) Limited to Private Parties and Premature Absent Final Approval Determination Introduction In this...

Nakoa III: Dual‑Check Standard for Emergency Proclamations, Mandatory HRS §127A‑27 Process, and Environmental‑Right Standing

Date: Sep 12, 2025

Nakoa III: Dual‑Check Standard for Emergency Proclamations, Mandatory HRS §127A‑27 Process, and Environmental‑Right Standing Introduction In Nakoa III v. Governor of the State of Hawai‘i, the Hawai‘i...

Advancing-the-Trust Test for Attorneys’ Fees: Hawaiʻi Supreme Court Requires Merits Determination and “Assistance to the Court” Showing Before Shifting Fees in Contested Trust Matters

Date: Sep 9, 2025

Advancing-the-Trust Test for Attorneys’ Fees: Hawaiʻi Supreme Court Requires Merits Determination and “Assistance to the Court” Showing Before Shifting Fees in Contested Trust Matters Case: In re:...

Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Date: Sep 8, 2025

Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents Introduction In Caven, Jr. v. Certified...

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

Date: Sep 8, 2025

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review...