Philip L. Rice

The case involved the manslaughter conviction of defendant Policarpio Aquino in Hawaii territorial court for fatally stabbing Sabas Agcaoili during a fight in Honolulu, with Aquino asserting self-defense based on his account that Agcaoili initiated the altercation and returned armed. After a jury trial, Aquino was found guilty and sentenced to ten years in prison; he appealed, claiming errors including improper jury instructions on self-defense, denial of motions for directed verdict, exclusion of evidence about the victim's violent reputation, and admission of his post-arrest statement obtained beyond the 48-hour detention limit. The Hawaii Supreme Court affirmed the conviction, holding that the trial court's instructions fairly and correctly stated the law of self-defense (including limits on use of force after necessity ends), that the evidence was sufficient to support the verdict, and that no prejudicial error occurred in the other challenged rulings when viewed in the context of the full jury charge.

criminal lawprocedure

The case involved a defendant charged with offering imported Australian chicken eggs for sale without displaying the required placard stating "WE SELL FOREIGN EGGS" under a territorial law. The court sustained the demurrer and dismissed the charge, holding that the law's requirement violated the General Agreement on Tariffs and Trade (GATT), an executive agreement with the force of a treaty under the Supremacy Clause. The reasoning centered on GATT's provisions requiring equal treatment for imported goods in internal sales regulations, which the placard mandate contravened by imposing unfavorable labeling on foreign eggs.

business & regulatoryfederal power

The case involved Ira Winston Hall Rutherford, who was charged under Hawaii law with committing acts in furtherance of an appointment for assignation for prostitution by entering a dwelling with a man and engaging in conduct including the exchange of money, as detailed in the second count of an amended information. After a bench trial in the circuit court where police officers testified to observing the events through windows, the defendant was convicted. On writ of error, the Supreme Court of the Territory of Hawaii affirmed the conviction and sentence, holding that the uncontradicted testimony of the officers, if believed, established the elements of the offense beyond a reasonable doubt. The court rejected challenges to the sufficiency of the evidence, including arguments about marital status and the presumption of innocence, finding the prosecution had met its burden through direct observations and related testimony.

criminal law

The case involved neighboring beachfront property owners who filed a bill in equity seeking an injunction to prevent the respondents from commercially removing sand from their adjacent lot, alleging that such removal would cause sand to shift from the petitioners' lots and result in irreparable damage. The trial court dismissed the petition after the petitioners rested their case. The Hawaii Supreme Court reversed, ruling that the respondents were estopped from removing sand in a manner that would unnaturally deplete the beach area. The court reasoned that the respondents had sold the petitioners' lots at premium prices as "beach lots" and had previously ceased sand removal upon objection, making it inequitable for them to now engage in conduct that would destroy the beach features relied upon in the purchases.

property

The case concerned challenges to the participation of Supreme Court justices in proceedings against attorney Harriet Bouslog, based on affidavits alleging bias or prejudice under Hawaiian law and the Organic Act. The court decided to reject the affidavits and hold that neither Justice Stainback nor Justice Rice was disqualified. The core reasoning was that the disqualification provisions did not apply to supreme court justices, the suggestions of bias were not timely made, and the affidavits were technically defective and failed to set forth facts showing personal bias or prejudice. One justice voluntarily withdrew, while another declined to do so, stating he could provide an impartial hearing.

procedure

This case involved eminent domain proceedings brought by the Territory of Hawaii to condemn two parcels of land owned by the defendants for construction of the Hawaii Belt Road. After a jury-waived trial, the circuit court awarded compensation of $3,092 plus interest to the McGillivrays for parcel 3 and $150 plus interest to Souza for parcel 10. On appeal, the Supreme Court of Hawaii held that the trial court's written decision violated section 10107 of the Revised Laws of Hawaii 1945, which requires the court in jury-waived cases to render a decision in writing stating its reasons. The decision contained only ultimate conclusions without addressing the issues, the court's views on them, or the factors supporting the awards. The court therefore set aside the decision and judgment and remanded for a new trial without reaching the appellants' other assignments of error regarding the compensation amounts.

propertyprocedure

The case of Carr v. Kinney involved the application of rules for questioning prospective jurors during voir dire in a civil trial. The concurring opinion affirms that, under the precedent from Choy v. Otaguro and applicable Hawaii statutes, jurors may be asked about any connections to liability insurance companies that could be financially affected by the outcome, even if the company is not a named party. The court clarifies that this permission applies only to jury selection and does not extend to admitting evidence at trial about whether the defendant is or is not insured. The opinion emphasizes consistency with prior cases like Gilliam v. Gerhardt, which barred such insurance evidence post-selection, and notes alignment with modern judicial trends from other jurisdictions.

proceduretorts & liability

This case concerns a motion to settle the contents of the record on appeal from a supreme court ruling that denied a petition for a writ of prohibition and rehearing in a proceeding involving the Trust Estate of Wallace R. Farrington. The court granted the motion to strike four designated items from the record on appeal. Those items related to separate trial court proceedings that had not been part of the record or considered by the supreme court when it issued its earlier rulings. The decision rests on Rule 75(h) of the Federal Court Rules, which authorizes the supreme court to ensure the record on appeal conforms to the truth by excluding materials not previously before it.

procedureproperty

The case involved a petition for a writ of prohibition filed in the Supreme Court of the Territory of Hawaii by defendants in a pending circuit court proceeding concerning the trust estate of Wallace R. Farrington, deceased. The petitioners sought to bar Judge Calvin C. McGregor from further action on appointing a trustee after he denied their motion to disqualify himself under Revised Laws of Hawaii section 9573, which requires an affidavit showing personal bias or prejudice. The court reviewed the affidavit and relevant case law from federal courts interpreting similar disqualification statutes, concluding that the affidavit failed to state sufficient facts from which a reasonable person could infer personal bias, as opposed to conclusions or impersonal matters. Accordingly, the supreme court affirmed the denial of the disqualification motion and denied the petition for the writ of prohibition.

procedureproperty

The case concerned the validity of territorial taxes assessed on gross receipts from radio station KPOA's broadcasts in Hawaii under chapter 101 of the Revised Laws. Station owners argued the taxes were unconstitutional because all radio broadcasting constitutes interstate commerce preempted by federal law. The tax commissioner countered that the taxed receipts derived solely from local transmissions to a Hawaiian audience with no commercially significant reach outside the territory, and that short-wave relay receipts were excluded. The trial court found the station's commercial value was local only, that the generally applicable tax did not burden interstate operations, and upheld the assessments including interest and penalties; the appellate court affirmed, holding the source of the receipts was intraterritorial and the tax lawful.

taxesfederal power