Hawai'i Legal News

  State v. Smith (HSC September 12, 2025). Brian Smith was indicted for murder and attempted murder arising from a shooting in Kona. Both counts alleged that he was subject to a sentencing enhancement under HRS § 706-660.1 alleging that he possessed, used, or threatened to use a firearm while committing the offense. The prosecution did not allege a state of mind for the enhancement.   Smith went to trial. The circuit court instructed the jury that if it found him guilty of either count, it must answer a special interrogatory:   Has the prosecution proved beyond a reasonable doubt that the defendant intentionally used and/or threatened to use a firearm, whether the firearm was loaded or unloaded, operable or inoperable, while engaged in the commission of the offense of Murder in the Second Degree or Manslaughter (Extreme Mental or Emotional Disturbance)?   The jury returned a guilty verdict and answered “yes” to the interrogatory. The circuit court sentenc...

  State v. Spies (HSC September 16, 2025). Jonathan Spies was stopped by the police as he stepped out of his truck in the Foodland parking lot in Waimea on the Big Island. Sierra Valderrama was in the passenger seat. The officer had him sit in the back of his pickup while backup showed up. When they did, they told Spies they had a warrant to search his person —and nothing else. They did not have a warrant to search the vehicle.   They executed the warrant and had Valderrama get out of the truck. The police found nothing on Spies. Officer Justin Gaspar asked Spies if he could search his truck. Spies did not respond with a “yes” or “no” answer. He said something to the effect of “it’s all in there” or “everything that you guys are looking for is in there.” Officer Gaspar asked him  to clarify what he meant and Spies said that it was in his wallet. Spies did not consent to a search of the truck. The police held him for another three minutes after executing the warrant. T...

  State v. Kaakimaka (HSC August 28, 2025). The prosecution charged Koa Kaakimaka with invasion of privacy in the first degree in violation of HRS § 711-1110.9(1)(a). A person commits that offense when:   [T]he person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place[.]   Id. A “private place” is “a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or substantial group thereof has access.” HRS § 711-1100.   The indictment against Kaakimaka did not include the statutory definition so he moved to dismiss it. He argued that the term “private place” could mean many different things. He also moved to suppress evidence. The circuit court...

  State v. Lavoie (HSC August 13, 2025). Marlin Lavoie was charged, tried, and convicted of murder and firearms-related offenses. The circuit court (Hon. Judge Joseph E. Cardoza) sentenced him to life with the possibility of parole and the firearms charges consecutively. Lavoie appealed. The HSC vacated the conviction and remanded the case for a new trial.   On remand, the parties reached a plea agreement. Lavoie pleaded guilty to manslaughter, using a firearm in a separate felony, and being a felon in possession. The parties used the presentence report from the first trial, which included reports on his mental health and social history. Before sentencing, Lavoie’s court-appointed attorney filed a motion to hire an expert to assess him for dangerousness. The assessment would be used to assist him at sentencing and before the parole board. The bill came to $8,767.   The circuit court (Hon. Judge Peter T. Cahill) found the request exorbitant and unnecessary but auth...

State v. Willis (HSC July 22, 2025). Erik Willis was indicted for attempted murder in the second degree. Before trial, he filed motions to dismiss and suppress evidence. The circuit court—the Hon. Judge Kevin Souza—denied them and he filed an interlocutory appeal. The HSC agreed on the suppression issue. Back down it went to trial. At trial, the prosecution presented evidence. The evidence showed that before the time of the stabbing, Willis is on a bus heading from Niu Valley to an area near the beach where the stabbing took place. Eyewitnesses testified that a person approached the victim on the beach and it looked like he stabbed her. A witness testified that the person had a white shirt with something in the center of it when he ran away. That person then ran away to a vacant lot. More surveillance footage showed a man washing his body and face. It was never established if that was blood. Finally, there was evidence from the bus that four hours after the stabbing, Willis is getti...