State v. Jenkins
SCWC-13-0003839
| Haw. | Mar 15, 2017Background
- Document is an index of Hawaii appellate (Intermediate Court of Appeals and Supreme Court) opinions and orders published on the Judiciary website (dates Feb–Mar 2017).
- Entries list case names, court of origin, disposition (e.g., s.d.o. affirmed, mem.op., order accepting/rejecting certiorari, orders approving stipulations to dismiss, orders of correction), and filing dates.
- Several matters involve petitions for writs of certiorari and mandamus, summary disposition orders (s.d.o.), and motions to dismiss or to approve stipulations to dismiss appeals.
- A range of substantive case types are included: criminal (robbery, burglary, OVUII), civil (quiet title, quiet title, mortgage/bank foreclosure), family, administrative, and traffic matters.
- Some entries note concurring/dissenting or corrected opinions and instances where the ICA opinion was vacated and remanded by subsequent action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to accept/reject certiorari | Petitioner urges Supreme Court review of ICA ruling | State/Respondent argues no conflict or error warranting review | Court either accepted or rejected applications depending on case; several applications denied, some accepted for review |
| Disposition by summary disposition order (s.d.o.) | Appellant contends errors in trial or lower-court ruling | State/respondent defends lower-court judgment | ICA frequently affirmed by s.d.o. or vacated and remanded in select cases |
| Appeals dismissal via stipulation | Appellant seeks dismissal with prejudice per stipulation | Respondent joins stipulation to dismiss | ICA routinely approved stipulations and dismissed appeals when parties stipulated |
| Motions for reconsideration / corrections | Movant seeks reconsideration or correction of ICA order/opinion | ICA/other party opposes as untimely or meritless | Motions often denied; some opinions issued corrections or amendments |
Key Cases Cited
- State v. Jenkins, 139 Haw. 38 (Haw. 2016) (ICA memorandum opinion referenced in subsequent certiorari practice)
- State v. Collins, 139 Haw. 262 (Haw. 2016) (ICA s.d.o. leading to Supreme Court consideration)
- State v. Bruce, 139 Haw. 261 (Haw. 2016) (application for certiorari accepted by the Supreme Court)
- Onewest Bank v. Wegesend, 139 Haw. 263 (Haw. 2016) (ICA memorandum opinion referenced in certiorari context)
- Brutsch v. Brutsch, 135 Haw. 217 (Haw. 2015) (ICA s.d.o. with subsequent Supreme Court review including concurring/dissenting opinions)
- State v. Teale, 138 Haw. 142 (Haw. 2016) (ICA s.d.o.; Supreme Court accepted certiorari)
- Bank of Am., N.A. v. Reyes-Toledo, 138 Haw. 134 (Haw. 2016) (ICA s.d.o.; certiorari accepted by Supreme Court)