Articles Posted in Supreme Court of Hawaii

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The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) vacating the district court’s order dismissing with prejudice Petitioners’ charges of one count of prostitution under Haw. Rev. Stat. 712-1200(1)(b) based on State v. Modica, 567 P.2d 420 (1977), holding that the ICA erred in determining that Petitioners’ due process and equal protection rights had not been violated. In their motions to dismiss, Petitioners argued that sections 712-1200(1)(a) and (1)(b) prohibited the same conduct but that subsection (1)(b) barred a harsher penalty and that, pursuant to Modica, where two crimes prohibit the same conduct, to convict them of the crime carrying the harsher penalty would violate their due process and equal protection rights. The district court agreed and dismissed the charges. The ICA disagreed, concluding that subsections (1)(a) and (1)(b) prohibited different conduct, and therefore, the district court erred in finding a Modica violation. The Supreme Court disagreed with the ICA and remanded these cases for further proceedings, holding that, based on the plain language of sections 712-1200(1)(a) and (1)(b), as they existed at the time Petitioners were charged, Petitioners’ charges violated the Modica rule. View "State v. Sasai" on Justia Law

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Plaintiffs filed a complaint against Attorney alleging that Attorney failed properly to advertise and conduct non-judicial foreclosure sales of their properties in violation of duties under Plaintiffs’ mortgages, statutory law, common law, and the consumer protection statute. The circuit court dismissed the complaint for failure to state a claim. The Supreme Court affirmed, holding that dismissal was appropriate where (1) the statutory requirements of former Haw. Rev. Stat. 667-5 and 776-7 do not give rise to a private right of action against a foreclosing mortgagee’s attorney; and (2) an unfair or deceptive acts or practices acts or practices claim against Attorney as the foreclosing mortgagee’s attorney was not recognized. View "Sigwart v. Office of David B. Rosen" on Justia Law