Appeal Pointers
Omissions from the record by error or accident may be corrected by stipulation of the parties filed in the appellate court. HRAP 10(e)(2)(A). Prior to transmission of the record to the appellate court, corrections may be made by stipulation of the parties filed in the trial court or agency.
Supreme Court
Actions
Arquette v. State, No. SCWC-11-0000416, December 14, 2012 (Acoba, J.). Respondents brought an action against Petitioner and others based on an investigation conducted by the Office of Consumer Protection. The complaint alleged that Petitioner had participated in a scheme to sell long term deferred annuities to elderly consumers through unfair or deceptive acts or practices. The action was dismissed and Petitioner filed his own action for, inter alia, malicious prosecution. The Hawaii Supreme Court held that: (1) a plaintiff may bring an action in tort for the maintenance of malicious prosecution as well as for the initiation of a malicious prosecution; (2) Hawaii Revised Statutes § 487-1 does not set forth a standard of care in a claim for negligence; and (3) when denying costs to the prevailing party, the court must state its reasons for doing so on the record.
Criminal
State v. Mundon, No. SCWC-10-0000101, December 5, 2012 (Acoba, J.). Petitioner was found guilty of Attempted Sexual Assault in the First Degree, Kidnapping-No voluntary release, and Assault in the Third Degree, with a prison sentence of twenty years. Petitioner appealed. The ICA denied Petitioner's appeal. On appeal to the Hawaii Supreme Court, the court held that: (1) introduction of evidence of acts allegedly committed by Petitioner for which a jury had acquitted him in a prior trial violated the principle of collateral estoppel embodied in the double jeopardy clause; (2) the circuit court...
