USCON AM-0014-0001 ANNOTATIONS

This clause guarantees a jury trial in all serious criminal cases but not for petty offenses. Att. Gen. Op. 68-10.

Student regulations at state universities are subject to the vagueness standard but do not require the same specificity required of criminal statutes. Att. Gen. Op. 71-9.

A bill to provide for a capitation tax on all persons arriving in State by commercial airline would abridge the privileges and immunities of citizens of the United States. Att. Gen. Op. 69-7.

Statutes requiring United States citizenship or declaration of intention to become a citizen as a condition of obtaining a license are invalid. Att. Gen. Op. 74-18.

The New Resident: Hawaii's Second-Class Citizen. 5 HBJ 77.

Hawaii's Land Reform Act: Is it Constitutional? 6 HBJ 31.

Suppression of Evidence Without the Aid of the Fourth, Fifth and Sixth Amendments. 8 HBJ 109.

Discussion of the First Amendment rights of the policemen, see the Dissenting Cop. 9 HBJ 59.

The Hawaii Prison Inmate's Emerging Right to Due Process. 10 HBJ 115.

Included Offenses in Hawaii Case Law and the Rights to Trial by Jury: Coherence or Confusion. II HBJ No. 13, at pg. 77.

Res Judicata and Collateral Estoppel in Hawaii: One of These Things is Not Like The Other. III HBJ No. 13, at pg. 1.

The Death Of The Living Will And The Making of Health Care Decisions Under Hawaii's New But Not Quite Uniform Health-Care Decisions Act. III HBJ No. 13, at pg. 29.

Real Property Tax Litigation in Hawaii. III HBJ No. 13, at pg. 57.

To Dwell on the Earth in Unity: Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai`i. V HBJ No. 13, at pg. 15.

National Collegiate Athletic Association v. Tarkanian: The End of Judicial Review of the NCAA. 12 UH L. Rev. 383.

Stop H-3 Association v. Dole: Congressional Exemption from National Laws Does Not Violate Equal Protection. 12 UH L. Rev. 405.

State v. Suka: Balancing the Need for Witness Accompaniment Against Its Prejudicial Effect. 12 UH L. Rev. 461.

Sandy Beach Defense Fund v. City and County of Honolulu: The Sufficiency of Legislative Hearings in an Administrative Setting. 12 UH L. Rev. 499.

Hawaii's Quarantine Laws: Can Spot Come Home? 13 UH L. Rev. 175.

The Constitutional Structure of the Courts of the United States Territories: The Case of American Samoa. 13 UH L. Rev. 379.

The Hostile Work Environment: Are Federal Remedies Hostile, Too? 13 UH L. Rev. 537.

The Protection of Individual Rights Under Hawai`i's Constitution. 14 UH L. Rev. 311.

The Evolving Legal Relationships Between the United States and Its Affiliated U.S.-Flag Islands. 14 UH L. Rev. 445.

Burdick v. Takushi: Yes to Equal Voice in Voting, No to a Fundamental Right to Vote for Any Particular Candidate. 14 UH L. Rev. 715.

Hawai`i's New Administrative Driver's License Revocation Law: A Preliminary Due Process Inquiry. 14 UH L. Rev. 853.

The Law and Politics of Dancing: Barnes v. Glen Theatre and the Regulation of Striptease Dance. 14 UH L. Rev. 925.

Foucha v. Louisiana: The Keys to the Asylum for Sane But Potentially Dangerous Insanity Acquittees? 15 UH L. Rev. 215.

For Better or for Worse, in Sickness and in Health, Until Death Do Us Part: A Look at Same Sex Marriage in Hawaii. 16 UH L. Rev. 447.

The Kamehameha Schools/Bishop Estate and the Constitution. 17 UH L. Rev. 413.

A Biologic Argument for Gay Essentialism-Determinism: Implications for Equal Protection and Substantive Due Process. 18 UH L. Rev. 571.

Criminal Procedure Rights Under the Hawaii Constitution Since 1992. 18 UH L. Rev. 683.

Adarand Constructors Inc. v. Pena: A Color-blind Remedy Eliminating Racial Preferences. 18 UH L. Rev. 939.

A Constitutionally Valid Justification for the Enactment of No-Growth Ordinances: Integrating Concepts of Population Stabilization and Sustainability. 19 UH L. Rev. 93.

An Evaluation of the Summary Contempt Power of the Court: Balancing the Attorney's Role as an Advocate and the Court's Need for Order. 19 UH L. Rev. 145.

Rethinking Race for Strict Scrutiny Purposes: Yniguez and the Racialization of English Only. 19 UH L. Rev. 221.

Should The Right To Die Be Protected? Physician Assisted Suicide And Its Potential Effect On Hawai`i. 19 UH L. Rev. 783.

Justice Ruth Bader Ginsburg And Gender Discrimination. 20 UH L. Rev. 699.

Tired of Your Masses: A History of and Judicial Responses to Early 20th Century Anti-Immigrant Legislation. 21 UH L. Rev. 131.

The Future of Same-Sex Marriage. 22 UH L. Rev. 119.

The Fine Line Between Love and the Law: Hawai`i's Attempt to Resolve the Same-Sex Marriage Issue. 22 UH L. Rev. 149.

Love and Let Love: Same-Sex Marriage, Past, Present, and Future, and the Constitutionality of DOMA. 22 UH L. Rev. 185.

The California Civil Rights Initiative: Why It's Here, Its Far Reaching Effects, and the Unique Situation in Hawai`i. 22 UH L. Rev. 279.

A New Segregation? Race, Rice v. Cayetano, and the Constitutionality of Hawaiian-Only Education and the Kamehameha Schools. 23 UH L. Rev. 109.

Saenz v. Roe: The Right to Travel, Durational Residency Requirements, and a Misapplication of the Privileges or Immunities Clause. 23 UH L. Rev. 685.

The Akaka Bill: The Native Hawaiians' Race For Federal Recognition. 23 UH L. Rev. 857.

The Defense of Marriage Act: Sex and the Citizen. 24 UH L. Rev. 279.

Akaka Bill: Native Hawaiians, Legal Realities, and Politics as Usual. 24 UH L. Rev. 693.

State's ban on write-in voting does not unreasonably infringe upon voters' constitutional rights. 504 U.S. 428.

As birth in Philippines during U.S. territorial period does not constitute being born "in the U.S.", U.S. citizenship does not arise for such persons under citizenship clause. 35 F.3d 1449.

No qualified immunity on 42 U.S.C. §1983 claim for prison official who allegedly forced inmate to choose between constitutional right to outdoor recreation and law library access. 39 F.3d 936.

Has no bearing on requirement that applicant must take bar examination. 44 H. 597, 358 P.2d 709.

Program of board of land and natural resources for introduction of axis deer to island of Hawaii not unreasonable, arbitrary or capricious. 50 H. 207, 436 P.2d 527.

For State to convict indigent without first providing indigent with counsel violates indigent's 14th Amendment rights. 56 H. 23, 525 P.2d 1108.

Law requiring three-year residence qualification for jurors does not violate privileges and immunities clause. 51 H. 195, 456 P.2d 805.

See also notes to Amendment 5.

Prison regulations do not create a protected liberty interest. 461 U.S. 236.

Transfer of prisoner to mainland facility did not implicate due process clause directly. 461 U.S. 236.

Inmate's discipline in segregated confinement did not present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest; neither the Hawaii prison regulation in question, nor the due process clause itself, afforded inmate a protected liberty interest that would entitle inmate to procedural protections set forth in Wolff v. McDonnell. 515 U.S. 472.

Defendant was not denied due process by alleged prosecutorial misconduct before grand jury. 614 F.2d 214.

Only where defendant alleges governmental conduct "of the most shocking and outrageous kind" will due process be violated and court required to divest itself of jurisdiction. 625 F.2d 308.

Prison transfer regulations created liberty interest subject to due process protection. 664 F.2d 708.

Standard of proof for invalidation of plea bargain on basis of information submitted for sentencing. 682 F.2d 799.

Hawaii civil service appeals process does not per se violate due process. 707 F.2d 1100.

Patients did not have entitlement to services at Hale Mohalu. Hence, no hearing required in order to close facility. 720 F.2d 564.

State cannot, by judicial decision, divest vested property rights. 753 F.2d 1468.

Not violated in termination of physician's staff privileges. 754 F.2d 1420.

Personal jurisdiction over nonresident manufacturer of military products comports with due process. 785 F.2d 720.

Not violated where civilians prosecuted differently than military personnel for traffic violations on military bases (reversing 604 F. Supp. 416). 786 F.2d 951.

Defendant not denied due process by introduction into evidence of photographs showing defendant's front and profile images; court must weigh prejudicial effect of testimony that defendant had "a long police record" against its probative value; prosecution's disclosure of exculpatory evidence at pretrial conference did not violate due process; individual voir dire, when required. 789 F.2d 1425.

Defendant's conviction violated due process where only evidence was stipulation which followed ambiguous indictment. 796 F.2d 261.

Admission of videotape of autopsy not fundamentally unfair. 800 F.2d 1463.

Jury instructions that erroneously characterized murder as a "lesser included offense" of "murder-for-hire" did not warrant relief, but this error, along with others, may cumulatively have deprived defendant of defendant's rights; limitation of witnesses' prior inconsistent statements for impeachment purposes and not for their substance did not violate due process. 807 F.2d 805.

Defamation, without more is not a constitutional violation. 827 F.2d 1310.

Boat owner did not have a property right to boat slip where permit to use slip expired automatically. 915 F.2d 528.

Award for damages to fired city employee for violation of due process rights upheld where city failed to afford employee a pretermination hearing. 963 F.2d 1167.

Prison rule requiring inmates to communicate in English language only gave inmates insufficient notice that they were forbidden to pray in a foreign language. 994 F.2d 1408.

Bars State from imposing inmate punishment on the basis of an unexpected and unusual interpretation of prison rule forbidding non-English communication. 15 F.3d 1463.

State officials performing discretionary function not entitled to qualified immunity if a reasonable official would have known that prison regulation forbidding non-English communication did not forbid foreign language prayer. 15 F.3d 1463.

Not violated by §286-260 provision allowing for judicial review of administrative revocation of driver's license "as soon as practicable". 17 F.3d 1244.

Federal wastewater treatment permit not unconstitutionally vague where defendants were knowledgeable in wastewater field, could be expected to have understood what the permit meant, and took considerable pains to conceal their illegal dumping activities. 35 F.3d 1275.

Prison policies not sufficiently "mandatory" to create liberty interest in inmate not being transferred from minimum to medium security facility. 55 F.3d 454.

Prison regulations on confinement did not create a liberty interest that would entitle inmate to due process protection. 59 F.3d 931.

No violation where plaintiff's 42 U.S.C. §1983 action against dental board was barred by res judicata as plaintiff failed to seek state court judicial review of dental board's order failing plaintiff on dental exam. 60 F.3d 626.

At time of alleged misconduct, persons in custody had established right to not have officials remain deliberately indifferent to the persons' serious medical needs. 74 F.3d 977.

Where landowners argued that ordinance creating mechanism through which condominium owners could convert their leasehold interests into fee simple interests was arbitrary and irrational, landowners could not meet burden of showing irrationality. 124 F.3d 1150.

Inmate who had never been convicted of a sex offense and had never had opportunity to formally challenge imposition of sex offender label in adversarial setting did not receive required minimum due process protections and was entitled to injunctive relief; inmate who was convicted after formal criminal proceedings of a sex offense received all of process to which inmate was due. 131 F.3d 818.

Where child protective service caseworker's seven-day delay in filing a court petition for temporary custody violated state law, neither the seven-day delay before obtaining post-deprivation judicial review, nor the seven-day delay before filing a court petition, violated appellant's federal due process rights. 141 F.3d 927.

Re applicability of due process to out-of-state prison transfers. 387 F. Supp. 912; 396 F. Supp. 196.

Denying public employment eligibility by erroneous interpretation of law, deprived person of due process. 402 F. Supp. 84.

Courts are not immune from prohibition against taking without compensation. 402 F. Supp. 95.

Re court's relocation of private land boundary without due process. 402 F. Supp. 95.

Law regarding filing of notice of lis pendens held not an unconstitutional seizure of property without due process. 418 F. Supp. 695.

A prisoner's right to classification hearing before an impartial board, as granted by state correction's regulations, cannot be arbitrarily abrogated. 421 F. Supp. 83.

Garnishment procedures which do not provide safeguards against improper garnishment of AFDC (assistance) grants deny due process. 431 F. Supp. 1369.

Mandatory union service fees collected from teachers not belonging to union cannot be used for political purposes. 437 F. Supp. 368.

Several provisions of state statutes regarding emergency and nonemergency admission to psychiatric facility violated due process. 438 F. Supp. 1106.

Hawaii may not change its laws governing property rights of riparian landowners to use of water without compensating owners for lost rights. 441 F. Supp. 559.

In dispute over water rights, a Supreme Court decision rendered without affording parties a hearing, held to violate procedural due process. 441 F. Supp. 559.

Since prison authorities are granted practically unlimited discretion to transfer state prisoners and the regulations do not provide standards limiting such discretion, defendant does not have a constitutionally protected liberty interest against transfer. 459 F. Supp. 473.

Action of Supreme Court decreeing that property seaward of vegetation line belonged to public deprived owners of due process because there was no hearing on title and it was a radical departure from prior law. 460 F. Supp. 473.

Parents' right to give their child any name they wish is protected from arbitrary state action. 466 F. Supp. 714.

Law providing for affidavit method of postjudgment garnishment of wages not unconstitutional. 467 F. Supp. 544.

"Public use" includes "public interest." 471 F. Supp. 871.

Parental tort liability statute did not contain irrebuttable presumption. 529 F. Supp. 294.

Ex parte appointment of receiver did not constitute taking of property without due process. 547 F. Supp. 988.

Violated by §657-11, which discriminates against actions brought under 42 U.S.C. 1983. 574 F. Supp. 1510.

Alleged conduct of police officers truly "shocks the conscience" and offends "the concept of ordered liberty", and thus violates strictures of substantive due process. 584 F. Supp. 356.

Applicability of "void for vagueness" doctrine; does not apply to county charter provision allocating governmental power. 623 F. Supp. 657.

Zoning and land use regulations for Queen's Beach rationally related to valid planning goals; landowner not entitled to procedural due process with respect to enactment of zoning regulations, which are legislative acts; landowner and prospective developer did not have vested property rights pursuant to general plan and detailed land use map, thus, passage of restrictive zoning did not deny them due process. 649 F. Supp. 926.

No denial of due process where the unauthorized wrongful act is not sanctioned by any established state procedure and the state law provides a realistic means for the plaintiff to be made whole. 694 F. Supp. 738.

Only the United States Supreme Court is empowered to review state court judgments. 735 F. Supp. 963.

No due process liberty interest in parole is created under §§353-68 and 353-69; inmate had due process liberty interest at stake at misconduct hearing. 795 F. Supp. 1020.

Forcing inmates to choose between law library time and outdoor exercise unconstitutional; liberty interest not created by prison regulation governing when officials could administratively segregate inmates. 816 F. Supp. 1501.

Regulation regarding classification of inmates, acting in conjunction with language of classification scoring system, created protectable liberty interest. Prison policy concerning inmate access to courts, legal services, and legal materials did not create a protectable liberty interest. Inmate's claim based on prison policy regarding participation in employment was without merit; while regulation may create protectable interest, inmate offered no evidence that inmate had been denied the right to participate in activities described in the section. 823 F. Supp. 750.

Any claim based on takings clause of Fourteenth Amendment lacked merit, regarding state mooring regulations; the regulations did not affect plaintiffs in a manner that implicated Fourteenth Amendment. 823 F. Supp. 766.

Where plaintiffs alleged that defendants violated their constitutional rights to due process by depriving them of their dwelling without constitutionally adequate process, plaintiffs received adequate due process. 832 F. Supp. 1399.

Where plaintiff alleged that condominium lease-to-fee ordinance violated plaintiff's substantive due process rights, ordinance was a rational exercise of legislative power. 832 F. Supp. 1404.

Defendants granted summary judgment on plaintiff's procedural and substantive due process claims, where plaintiff contended that testing of Hawaiian terms and the lack of notice thereof constituted a violation of a protected liberty interest without due process; first-time applicant for a surveyor's license had no protected property interest in the license. 846 F. Supp. 1411.

Police officers would have violated plaintiff's due process rights by demonstrating deliberate indifference to plaintiff's need in failing to take plaintiff to receive medical care, assuming the facts as plaintiff stated them. 872 F. Supp. 746.

Neither prison's grooming standards nor memorandum regarding enforcement of grooming policy created a protected liberty interest; enforcement of grooming standards did not impose sufficiently "atypical or significant hardship" to justify due process protection. 902 F. Supp. 1220.

Plaintiff's due process claims against state hospital superintendent, registered nurse, and paramedical assistant, based on defendants' use of force, barred as to superintendent and nurse in their individual capacities by doctrine of qualified immunity. 909 F. Supp. 737.

Correctional facility's law library access policy was reasonable, provided meaningful access to the courts, and did not violate the Constitution. 938 F. Supp. 650.

Section 353-14 (1987) provided Hawai`i paroling authority board [sic] with complete discretion to assess inmates' needs and to award "gate money" as necessary in light of those needs; thus, no protected property interest existed. The right to "gate money" not so fundamental as to warrant constitutional protection apart from its status under state law. 940 F. Supp. 1523.

Defendant's motion to dismiss for lack of personal jurisdiction denied, where defendant based in California had taken action in Hawaii whereby it purposefully availed itself of the privilege of conducting activities in the forum, facts established a prima facie case that but for defendant's activities in Hawaii, plaintiffs' claims would never have arisen, and defendant had not presented any argument that factors rendered jurisdiction unreasonable (court found factors favored exercise of personal jurisdiction). 980 F. Supp. 1134.

Elements for specific jurisdiction, discussed, where defendants filed motion to dismiss complaint based on court's lack of personal jurisdiction in case containing causes of action sounding in both tort and contract. 980 F. Supp. 1362.

Where the court construed allegations of plaintiff (who previously held a position at correctional facility), to, at most, state a claim for negligence on the part of correctional facility officials in failing to provide plaintiff with a personal security guard, even in accepting these allegations as true, plaintiff failed to state a valid claim under 42 U.S.C. §1983. 25 F. Supp. 2d 1124.

Defendants' motion to dismiss for failure to state a claim granted, where, inter alia, it appeared plaintiff was asserting a federal constitutional right to be free from bad faith prosecution. 45 F. Supp. 2d 794.

Student suspended from school for violating Act 90, L 1996 (§302A-1134.5(a)), which prohibited possession of alcohol while attending school, where student allegedly participated in consumption of alcohol at student's home prior to school luau in violation of school's zero tolerance policy under Act 90. Plaintiffs' (student's parents) motion for preliminary injunctive relief granted in part and denied in part where, among other things, it was very likely that plaintiffs would prevail on merits of claim that defendants violated due process requirements when they allegedly punished student without evidence that student violated Act 90; and plaintiffs very likely to prevail on merits of claim that if student's conduct fell within Act 90, due process violated because the statute was too vague. 84 F. Supp. 2d 1113.

Court had personal jurisdiction over defendants, where plaintiff, allegedly a resident of Hawaii for almost thirteen years, filed complaint in response to article written by a defendant who resided in New York, and published by a newspaper distributed primarily in New York city metropolitan area. 87 F. Supp. 2d 1060.

Where plaintiff, terminated OHA chief financial officer, claimed that defendants, OHA administrator and trustee, in individual capacities, unlawfully deprived plaintiff of plaintiff's property and liberty without due process of law, in violation of 42 U.S.C. §1983, defendants' motion for summary judgment granted with prejudice as to these claims. 120 F. Supp. 2d 1244.

Sufficient minimum contacts existed to give rise to specific in personam jurisdiction where, inter alia, a parent corporation with control over a local facility had purposefully availed itself into the jurisdiction and invoked the benefits and protections of the State's laws. 140 F. Supp. 2d 1062.

Having created a permit structure for commercial vessels, having issued and reissued such permits in the past, and having promised plaintiff renewal, division of boating and ocean recreation violated the due process clause by summarily withholding the promised "vessel moored elsewhere" permit for reasons that were undisclosed or tested through a fair administrative hearing process. 195 F. Supp. 2d 1157.

Two per cent use fee did not violate right to substantive due process of plaintiff, a corporation engaged in offering boating excursions from state boating facilities on the island of Kauai. 195 F. Supp. 2d 1157.

Statute may be so vague as to violate due process. 43 H. 66.

Ordinance prohibiting use of streets for soliciting sales does not violate due process clause. 43 H. 71.

No constitutional right to preliminary hearing, and denial of hearing does not affect indictment. 45 H. 604, 372 P.2d 356.

Generally speaking, public employment does not create property rights subject to the protection of due process. 48 H. 370, 405 P.2d 772.

Criminal statute must be sufficiently definite, but only a reasonable degree of certainty is required. 49 H. 624, 636-38, 425 P.2d 1014.

Penal sanctions, effect on requirement of legislative standards for administrative agencies in adoption of regulations. 49 H. 651, 657-58, 426 P.2d 626.

Regulation of signs for aesthetic reasons not a denial of due process. 50 H. 33, 429 P.2d 825.

Conduct of trial judge in examining and discrediting witnesses called by defendant may violate requirements of fair trial and due process. 50 H. 287, 439 P.2d 666.

An ordinance proscribing "presence" at a cockfight is too vague to satisfy requirement of due process. 50 H. 384, 441 P.2d 333.

Law providing for service of summons on nonresident motorist by publication does not violate due process clause. 50 H. 484, 443 P.2d 155.

Trial by jury composed only of jurors meeting three-year residence qualification not denial of due process. 51 H. 195, 456 P.2d 805.

Notice by publication provided by HRS §531-14 was constitutionally insufficient by itself and should have been supplemented by notice by mail or personal service. 52 H. 145, 472 P.2d 494.

Public employees seeking accidental disability retirement benefits are entitled to hearing on contested issues before board of trustees. 52 H. 212, 473 P.2d 866.

Law imposing on private employers obligation to pay their employees for service on juries and public boards, constituted taking. 52 H. 327, 475 P.2d 679.

Defendant in criminal proceedings is entitled to fair hearing on objections to appointed counsel. 52 H. 484, 479 P.2d 207.

Law is void for vagueness when it neither gives fair notice of what conduct is prohibited nor prescribes fixed standards for adjudging guilt of accused. 52 H. 527, 480 P.2d 148.

Law making presence in barricaded place a crime, was too vague and overly broad. 52 H. 604, 483 P.2d 997.

Law together with other sections of Part II, Chapter 709, was invalid for failing to require proof of guilt beyond reasonable doubt. 53 H. 40, 487 P.2d 283.

Right of accused to be convicted only upon proof by prosecution of all elements of the crime beyond reasonable doubt is constitutionally protected. 53 H. 110, 488 P.2d 322.

Prejudicial conduct of prosecutor in presenting case to grand jury violates due process. 53 H. 226, 491 P.2d 1089.

Admitting evidence of prior convictions to impeach criminal defendant's credibility imposes unreasonable burden on defendant's right to testify; HRS §621-22 unconstitutional. 53 H. 254, 492 P.2d 657.

Prosecutor's deliberate misrepresentation of law or fact which denies a defendant fair opportunity to prepare for trial may constitute denial of due process. 53 H. 536, 498 P.2d 635.

Penal statute must clearly define proscribed behavior or it denies due process of law. 54 H. 1, 501 P.2d 363.

Right to effective counsel in criminal trial. 54 H. 28, 501 P.2d 977.

Personal jurisdiction over nonresidents--requirement that minimal contacts be such as give rise to or were casually connected with the obligation sought to be enforced in state court. 54 H. 597, 513 P.2d 165.

Necessity of appointing interpreter for defendant who has difficulty understanding English. 54 H. 637, 513 P.2d 697.

Honolulu ordinance prohibiting loitering by juveniles is too vague and overbroad. 54 H. 647, 513 P.2d 1385.

Summary prejudgment garnishment statute, is violative of due process, as applied to bank accounts. 54 H. 656, 513 P.2d 1390.

Method of selection of Bishop Estate trustee by supreme court justices not constitutionally defective; beneficiaries have no "property" right in selection process. 55 H. 104, 516 P.2d 1239.

Mere lack of wisdom in enacting a statute does not render it void under the due process clause. 55 H. 148, 516 P.2d 715.

Prerequisites for waiver of counsel and acceptance of guilty plea. 55 H. 336, 519 P.2d 892.

Penal Code's classification of marijuana along with certain mild narcotic compounds not a violation of due process. 56 H. 501, 542 P.2d 366.

In absence of expectancy of employment, non-tenured faculty does not have property interest in continued employment. 56 H. 680, 548 P.2d 253.

Law requiring payment of taxes prior to judicial hearing, does not violate due process. 57 H. 1, 548 P.2d 246.

Admission of irrelevant, prejudicial evidence of other offenses of defendant denies fair trial. 57 H. 17, 548 P.2d 1397.

Cross-examination of defendant on credibility must be limited to defendant's capacity for truth. 57 H. 17, 548 P.2d 1397.

Trial judge's prejudicial comments violate right to fair trial. 57 H. 17, 548 P.2d 1397.

Constitutional errors in criminal trial that are harmless beyond reasonable doubt do not mandate reversal. 57 H. 26, 548 P.2d 1402.

Convictions based on eyewitness identifications at trial, following a pretrial photograph identification, will be set aside if pretrial identification procedure was so suggestive as to create substantial likelihood of irreparable misidentification. 57 H. 150, 552 P.2d 357.

The basic test of state jurisdiction to tax is whether tax bears reasonable fiscal relation to benefits given by the State. 57 H. 175, 554 P.2d 242.

An accused need not be informed, prior to acceptance of guilty plea, about every collateral effect of a conviction. 57 H. 354, 556 P.2d 577.

Imposition of both an excise tax on an activity and an ad valorem tax on the value of property did not violate due process. 57 H. 436, 559 P.2d 264.

Due process not violated by court's refusal to permit certain voir dire questions. 57 H. 492, 559 P.2d 728.

Statutes may authorize inferences of fact only if there is a natural and rational evidentiary relation between the facts proven and the fact inferred. 57 H. 526, 560 P.2d 110.

Member of prosecution serving as agent of grand jury violated due process requirement of separation of functions. 57 H. 574, 560 P.2d 1309.

Refusal by court to permit withdrawal of guilty plea under deferred acceptance of guilty plea procedure was not violative of due process. 58 H. 304, 568 P.2d 1194.

Effect of news accounts prejudicial to defendant; protective measures required of trial court. 58 H. 356, 569 P.2d 891.

Defendant's right to be present at all stages of trial; voluntary absence. 58 H. 425, 570 P.2d 848.

Consideration of hearsay information by court in hearing on waiver of family court jurisdiction over juvenile does not violate due process. 58 H. 522, 574 P.2d 119.

No duty on State to personally notify individuals of effective date of act. 59 H. 430, 583 P.2d 955.

Failure of state court to observe procedures to protect defendant from being tried while incompetent to stand trial deprives defendant of due process right to fair trial. 60 H. 17, 586 P.2d 1028.

State is required to prove every element of a criminal offense beyond a reasonable doubt. 61 H. 308, 603 P.2d 141.

Pre-trial identification on a one-to-one show up. 62 H. 59, 610 P.2d 502.

"To loiter about" in HRS §445-43 is invalid for vagueness. 62 H. 147, 613 P.2d 354.

Prosecutorial misconduct before grand jury must be extreme and clearly infringe upon jury's decision making function in order to serve as basis for quashing indictment. 62 H. 209, 614 P.2d 373.

Defendant who leaves trial voluntarily waives right to be present at trial, which may continue as if defendant were present. 62 H. 309, 615 P.2d 91.

Hearsay admissible if not deliberately used in place of better evidence to improve case for indictment. 62 H. 518, 616 P.2d 1383.

Accused's right to a fair trial includes right to present matters in accused's defense, and government may not by its conduct render a material witness unavailable to defendant. 63 H. 27, 620 P.2d 728; 63 H. 34, 620 P.2d 732.

The notice-of-alibi rule provides the defendant reciprocal right to discover the State's witnesses who will be used to rebut defendant's alibi witnesses and is not violative of due process. 63 H. 191, 624 P.2d 376.

Lineup of accused and due process rights. 63 H. 354, 628 P.2d 1018.

Notice provisions of tax lien statute failed to meet minimum standards of due process. 64 H. 4, 635 P.2d 938.

Specific finding of unfitness need not be made prior to involuntary termination of parental rights. 64 H. 85, 637 P.2d 760.

No violation in denial by trial court of defendant's request to examine identification witnesses where claim was impermissibly suggestive identification. 64 H. 217, 638 P.2d 324.

Subjection of Nevada corporation to unemployment compensation contributions did not violate due process. 64 H. 274, 639 P.2d 1088.

Peddling ordinance was unduly vague. 64 H. 499, 643 P.2d 1058.

Availability of rehearings process and U.S. Supreme Court review of constitutional violations allegedly created by state supreme court decision provides aggrieved persons adequate opportunity to have arguments considered. 65 H. 641, 658 P.2d 287.

No denial in summary termination of lease of public land. 66 H. 632, 672 P.2d 1030.

Retrospective application of §584-7 to case did not violate due process. 67 H. 63, 677 P.2d 468.

No constitutional right to examine probation officer's sentencing recommendation. 67 H. 408, 689 P.2d 754.

No violation where civilian agent used to obtain prostitution convictions by engaging in sexual acts with defendants. 67 H. 608, 699 P.2d 983.

Rational basis exists for treating public assistance recipients differently from other no-fault insurance policyholders. 68 H. 192, 708 P.2d 129, cert. den. 476 U.S. 1169.

Violated where defendant was denied opportunity to challenge reasonableness of agency recommendation regarding restitution. 68 H. 292, 711 P.2d 1295.

Prosecutorial suppression of favorable material evidence violates due process, regardless of any good faith or bad faith by State; violation where defendant sentenced under attempted murder statute which was not raised until after jury returned guilty verdict. 69 H. 204, 738 P.2d 812.

Shackling of defendant during trial, discussed. 69 H. 633, 756 P.2d 1033.

Not violated by proceedings conducted by city council when acting upon Shoreline Management Act permit. 70 H. 361, 773 P.2d 250.

Violated where counselor of victim-witness was allowed to place hands upon victim's shoulders while victim was testifying. 70 H. 472, 777 P.2d 240.

Bifurcating two methods of proof for the same offense into separate trials violated defendant's rights. 70 H. 528, 777 P.2d 1187.

Plaintiff failed to show existence of clearly established substantive due process right in continued enrollment in university program under 42 U.S.C. §1983 claim where defendants raised defense of qualified immunity. 72 H. 586, 825 P.2d 1060.

Claim that failure to call expert witnesses to rebut State's DNA profiling evidence introduced at motion in limine constituted ineffective assistance of counsel was meritless. 73 H. 130, 828 P.2d 1274.

Counsel was not ineffective in failing to raise contention that defendant had not waived right to be present at trial where defendant had voluntarily absented oneself after trial had begun. 73 H. 147, 828 P.2d 281.

Claim brought under 42 U.S.C. §1983 that exchange of ceded lands by State violated right to due process was barred by statute of limitations and res judicata. 73 H. 578, 837 P.2d 1247.

Right not violated by defendant's absence from conference settling jury instructions as conference does not involve jury's presence or witness testimony. 74 H. 141, 838 P.2d 1374.

Requires unbiased administrative adjudicators; no violation where §88-77 trustees not shown to have pecuniary or institutional disqualifying interest in adjudication. 74 H. 181, 840 P.2d 367.

Written notice of specific charges not required for §710-1077(1)(a) direct summary criminal contempt case; contemnor's misconduct and judge's response did not require contempt trial before different judge. 74 H. 267, 842 P.2d 255.

Section 707-716 not unconstitutional where threats sufficiently unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and imminent prospect of execution. 75 H. 398, 862 P.2d 1063.

Post-conviction ineffective assistance of counsel Rule 40 petition not prejudiced where defendant alleges facts that, if proven, would entitle defendant to relief and claim is not patently frivolous and without trace of support on the record. 75 H. 419, 864 P.2d 583.

Third-party agreements homestead lessees entered into with third party non-Hawaiian farmers could not be considered property interests. 76 H. 128, 870 P.2d 1272.

Circuit court did not commit an abuse of discretion in granting defendant's motion for new trial; circuit court's conclusions of law that possible juror misconduct at voir dire and juror misconduct during deliberations deprived defendant of a trial by twelve fair and impartial jurors not clearly erroneous. 76 H. 172, 873 P.2d 51.

Because appellants had been afforded an adequate opportunity to challenge the fine assessed by department of land utilization on appeal--at both administrative and judicial levels--before they incurred any obligation to pay it, the application of the procedural mechanism set forth in section of land use ordinance had not violated their right to due process of law. 77 H. 168, 883 P.2d 629.

Hawaiian Homes Commission Act beneficiaries on pastoral waiting list were entitled to contested case hearings at which Hawaiian homes commission must at least consider their applications for pastoral lot awards of sufficient acreage (within statutory limits) for commercial ranching activities. 78 H. 192, 891 P.2d 279.

Presumption of nonconsent imposed on appellant a burden of persuasion of the nonexistence of an essential element of the crime with which appellant was charged; so construed, the presumption would violate due process clauses of Fourteenth Amendment and article I, §5 of Hawai`i constitution by virtue of improperly shifting burden of proof to appellant. 78 H. 262, 892 P.2d 455.

Reversible error where jury may have reached verdict by improperly shifting burden of proof from prosecution to defense by concluding that defendant had not established defendant's claim of extreme mental or emotional distress before considering whether prosecution had disproved that defense beyond a reasonable doubt. 80 H. 172, 907 P.2d 758.

Section 703-309(1) not unconstitutionally vague as it describes with sufficient clarity level of force that may be justifiably used in discipline of a minor. 81 H. 5, 911 P.2d 725.

Defendant received adequate notice that consecutive sentences may be imposed by sentencing court where court had that discretion by statute, and plain language of §706-668.5 informed defendant that defendant may be sentenced to consecutive sentences. 81 H. 309, 916 P.2d 1210.

No facial violation of substantive due process by repeal of court reporter temporary certification rule as right to work not a fundamental right and certification requirement rationally furthers legitimate state interest in ensuring efficient administration of justice. 82 H. 329, 922 P.2d 942.

No procedural violation where plaintiffs received prior notice and "opportunity to be heard at a meaningful time and a meaningful manner" prior to repeal of court reporter temporary certification rule. 82 H. 329, 922 P.2d 942.

No violation of substantive due process by repeal of court reporter temporary certification rule where board did not apply rule to appellants in arbitrary or unreasonable manner or in a manner that had no substantial relation to public health, safety, morals, or general welfare. 82 H. 329, 922 P.2d 942.

Defendant's due process right to fair hearing violated where circuit court refused to allow defendant's witness to offer relevant testimony in support of defendant's motion to suppress evidence. 83 H. 229, 925 P.2d 797.

In the context of Child Protective Act proceedings involving parents neither resident nor domiciled in Hawaii, personal jurisdiction may not be exercised over a parent pursuant to §587-11 to terminate their parental rights unless due process requirements are satisfied. 83 H. 367, 926 P.2d 1290.

Water commission's failure to hold contested case hearing on water management area designation pursuant to chapter 174C did not deny aquifer water user procedural due process. 83 H. 484, 927 P.2d 1367.

Section 704-415 does not violate due process principles; at release hearing, insanity acquittee bears burden of proving by preponderance of evidence freedom from mental illness and dangerous propensities. 84 H. 269, 933 P.2d 606.

In products liability action, cumulative effect of three alleged errors by trial court did not deny defendants right to fair trial where overwhelming and substantial evidence supported jury's verdict. 86 H. 214, 948 P.2d 1055.

Prosecution's use of pre-scripted questions and answers in connection with its grand jury witnesses, called in a proceeding resulting in indictment of defendant, did not violate defendant's right by invading province of grand jury or induce unwarranted action by the grand jurors. 86 H. 282, 949 P.2d 122.

Section 134-8 not unconstitutionally vague or overbroad on its face or as applied to defendant for "possession of a bomb". 87 H. 71, 951 P.2d 934.

Although appellant was not afforded an opportunity to cross-examine witnesses who had testified at a public hearing but not before the zoning board of appeals, error was harmless beyond a reasonable doubt. 87 H. 217, 953 P.2d 1315.

Director's exposure to materials outside the record constitutionally harmless beyond a reasonable doubt as director expressly declined to consider material in rendering decision. 87 H. 217, 953 P.2d 1315.

Definition of "sexual contact" in §707-700 not unconstitutionally overbroad as it does not interfere with the constitutionally protected activity of nude dancing; section permits dancing in the nude and allows customers to look at performers dancing in the nude; the conduct prohibited is the touching of sexual or intimate parts. 88 H. 19, 960 P.2d 1227.

Definition of "sexual contact" in §707-700 not void for vagueness as it establishes a bright line rule "you can look but you can't touch", gives a person of ordinary intelligence a reasonable opportunity to know what conduct is prohibited, constitutes an explicit standard that avoids arbitrary and discriminatory enforcement and is not subjective. 88 H. 19, 960 P.2d 1227.

Arrestee's right not violated by administrative driver's license revocation office's practice under §286-259 of denying all prehearing subpoena requests for witnesses other than law enforcement officials submitting sworn statements. 88 H. 55, 961 P.2d 620.

A trial court must pass on a defendant's attempted withdrawal of the prior waiver of his or her right to testify, tendered before the commencement of closing arguments, pursuant to the "liberal approach", whereas such an attempted withdrawal tendered thereafter is subject to the "manifest injustice" standard. 88 H. 407, 967 P.2d 239.

Where defendant did not meet burden of establishing plausible and legitimate reasons for withdrawal of defendant's prior waiver of defendant's right to testify, defendant failed to present "fair and just reasons" for defendant's request to exercise defendant's right to testify in defendant's own behalf; thus trial court did not abuse discretion by ruling that it would not reopen case. 88 H. 407, 967 P.2d 239.

Where trial court's denial of defendant's post-verdict motion for a new trial -- based on defendant's claim that defendant's attempt to withdraw defendant's waiver of right to testify in defendant's own behalf should have been allowed -- was not "manifestly unjust", no abuse of discretion. 88 H. 407, 967 P.2d 239.

Not violated by county's retroactive change, by ordinance, in property tax classification of time share units where county enacted ordinance to create uniformity in tax treatment of time share units, established a reasonable period of retroactivity of only six months, appellant did not acquire a vested right in a specific tax rate and no evidence that appellant would have been entitled to a refund had ordinance not been passed. 90 H. 334, 978 P.2d 772.

Where an owner's right to a hearing subsequent to impoundment of a derelict vessel was not clearly established under §§200-48, 200-49, or other law at the time of state boating officers' actions, it was not unreasonable for officers to have believed it was lawful to dispose of vessel without a hearing; thus officers, in individual capacities, entitled to qualified immunity in 42 U.S.C. §1983 action. 91 H. 1, 979 P.2d 586.

Where trial court erred by ruling that evidence of defendant's eligibility for HUD assistance was irrelevant under HRE rule 401 and thus inadmissible under rule 402 when evidence was probative of and relevant to defendant's requisite intent, defendant's right to present a complete defense violated. 91 H. 275, 982 P.2d 904.

Three separate findings required by trial court before criminal defendant may constitutionally be involuntarily medicated with antipsychotic drugs, where it is alleged that the medication is necessary because the defendant poses a danger to himself or herself or others. 91 H. 319, 984 P.2d 78.

Out-of-state attorneys, who were granted pro hac vice status, not denied procedural due process prior to revocation of status and imposition of sanctions where three separate oral notices were given to one attorney and to local counsel. 91 H. 372, 984 P.2d 1198.

Right not violated where defendant failed to supply any evidence that prosecution acted in bad faith when it "inadvertently" destroyed evidence. 93 H. 87, 997 P.2d 13.

Adverse party's right to fair tribunal in contested case hearing before water resource management commission not violated by land and natural resources department chairperson also serving as chairperson of water resource management commission under §174C-7(b) where legislature deemed it appropriate for one person to serve in both capacities and could override common law doctrine of incompatible offices which prohibited a person from serving in a dual capacity. 94 H. 97, 9 P.3d 409.

Department of land and natural resources chairperson's dual status as chairperson of the water resource management commission and the department did not constitute a reversible due process violation where, although chairperson should have been precluded from presiding over the hearing, objecting party did not seek chairperson's disqualification, and where chairperson's disqualification would have prevented commission from acting on the case for lack of quorum, the "rule of necessity" demanded that chairperson preside over the hearing. 94 H. 97, 9 P.3d 409.

Petitioners' right not violated, and water resource management commission's decision not invalidated by governor's remarks about merits of case where governor's comments arose in public forums apart from commission's proceedings, and, as there was no evidence of direct communication by the governor with the decisionmakers, petitioners failed to demonstrate the requisite nexus between the external political pressure and the actual decisionmaker. 94 H. 97, 9 P.3d 409.

Petitioners' right not violated by attorney general simultaneously representing two state agencies and the water resource management commission, where dismissal of commission's deputy attorney general effectively cured the conflict of interest and petitioners failed to show that dismissal impaired commission's ability to decide case competently and impartially. 94 H. 97, 9 P.3d 409.

Where department of land and natural resources was a party in a contested case proceeding before the water resource management commission, constitutional mandate that tribunal be impartial precluded chairperson of the commission, who was also chairperson of the department, from presiding over the hearing. 94 H. 97, 9 P.3d 409.

Right not violated by district court affirming administrative driver's license revocation office's denial of motorist's request for continuance of driver's license revocation hearing where administrative driver's license revocation office properly considered the evidence before it at the time of the administrative hearing and imposed the statutorily mandated revocation period. 94 H. 232, 11 P.3d 457.

Section 706-657 not unconstitutionally vague as section provides adequate guidance to a fact-finder charged with determining whether a murder was "especially heinous, atrocious, or cruel, manifesting exceptional depravity" and provides adequate notice to the person of ordinary intelligence that an enhanced sentence may be imposed if he or she intentionally or knowingly inflicts unnecessary torture on the murder victim and the victim in fact suffers unnecessary torture. 95 H. 1, 18 P.3d 203.

Trial court did not err in denying defendant's motion to dismiss for pre-indictment delay where defendant did not demonstrate that defendant's alleged loss of memory, loss of potential witnesses and evidence, or failure of police to tape record defendant's confession caused substantial prejudice to defendant's right to a fair trial. 97 H. 170, 35 P.3d 197.

Juror questioning of witnesses did not deprive defendant of fair and impartial trial where questions posed by jurors were carefully reviewed by the trial court and questions tending to elicit improper or inadmissible evidence were excluded. 97 H. 206, 35 P.3d 233.

The right to a public trial is not implicated by the exclusion of a potential witness pursuant to the witness exclusionary rule; both the witness exclusionary rule and the right to a public trial ensure the appearance of fairness at trial; thus, defendant's right not violated by exclusion of defendant's father from the courtroom as a potential prosecution rebuttal witness. 97 H. 206, 35 P.3d 233.

Trial court abused its discretion in concluding there was manifest necessity for mistrial as circumstances creating apparent need for mistrial did not make it impossible for trial to proceed; in absence of manifest necessity, defendant should have been allowed to choose between continuing with trial or consenting to a mistrial; by moving for dismissal with prejudice, defendant did not "consent" to the mistrial; retrial thus barred by double jeopardy. 97 H. 238, 35 P.3d 755.

As an aspect of procedural due process, individuals must, as needed, be provided an interpreter at family court proceedings where their parental rights are substantially affected. 99 H. 522, 57 P.3d 447.

Where family court conducted an in camera review of the complainant's child protection services records and produced the relevant portions to defense counsel, defendant's due process rights not violated; and family court's order to seal the remaining portions of the child protection services file for appellate review did not constitute an abuse of discretion. 101 H. 172, 65 P.3d 119.

Four-month delay between date of offense and date of indictment was not a violation of due process. 1 H. App. 121, 615 P.2d 109.

Court did not abuse its discretion in denying motion for deferred acceptance of guilty plea and motion to reconsider. 1 H. App. 157, 616 P.2d 227.

Trial judge has duty to determine admissibility of inculpatory statement prior to jury's exposure to such evidence. 1 H. App. 221, 617 P.2d 98.

Purpose of family court waiver hearing is not to determine whether minor committed offense alleged or even to determine probable cause. Presumption that charges are true does not violate due process. 1 H. App. 243, 617 P.2d 830.

State must prove every material element of offense beyond a reasonable doubt. 1 H. App. 544, 622 P.2d 619.

Testimony presented through interpreter was understandable, comprehensible, and intelligible. 5 H. App. 20, 686 P.2d 28.

Not violated by trial court's refusal to allow further examination of witness. 5 H. App. 127, 681 P.2d 573.

Violated where previously accepted expense item in ratemaking was disallowed without giving utility notice and chance to be heard. 5 H. App. 445, 698 P.2d 304.

Deprivation of property solely on basis of substituted service in adverse possession action violates due process, where, with due diligence, actual notice possible. 6 H. App. 241, 718 P.2d 1109.

Does not require agency hearing before tax director issues notices of tax assessment. 6 H. App. 260, 718 P.2d 1122.

Not violated by bailiff's statement to jury foreperson that jurors should all agree with verdict if polled. 6 H. App. 320, 721 P.2d 718.

Prohibiting defendant from challenging reliability of intoxilyzer test in DUI case violated due process. 7 H. App. 20, 740 P.2d 1017.

In constructive criminal contempt proceedings, sufficient notice of hearing required. 7 H. App. 95, 746 P.2d 574.

Prison rules did not create protected liberty interest. 7 H. App. 247, 753 P.2d 598.

Act of state witness leaving witness stand in presence of security personnel was not so prejudicial as to deny defendant's right to fair trial; jury is presumed to adhere to court's cautionary instruction to draw no inference from event. 8 H. App. 624, 817 P.2d 130.

Claim under 42 U.S.C. §1983 properly dismissed where award of delayed tenure to probationary university employee and alleged damage to employee's reputation alone did not implicate liberty or property interest sufficient to invoke due process protection. 9 H. App. 21, 821 P.2d 937.

Defendant's right to a fair trial was not violated by prosecutor's statements regarding defendant's expert. 9 H. App. 368, 842 P.2d 267.

Trial court's failure to orally instruct jury about presumption of defendant's innocence and beyond-a-reasonable doubt concept heightened the risk that defendant would be found guilty and thus unfairly deprived defendant of defendant's right to due process and a fair trial. 77 H. 177 (App.), 880 P.2d 1224.

Defendant's constitutional and statutory right to testify in defendant's own defense was violated where judge reproached defendant to follow defendant's attorney's advice and thus refrain from testifying, and the violation was plain error; denial of the right to testify was prejudicial and not harmless beyond a reasonable doubt. 78 H. 115 (App.), 890 P.2d 702.

Motions court's order denying defendant's pre-trial motion to dismiss for pre-indictment delay affirmed, where, inter alia, motions court was correct in concluding that defendant failed to establish that defendant's claimed inability to recollect events prior to defendant's indictment, even with the aid of others, amounted to substantial prejudice to defendant's right to a fair trial. 79 H. 165 (App.), 880 P.2d 217.

Violated where trial court's exclusion of gun-like cigarette lighter prejudiced defendant by precluding jury from properly evaluating essential defense evidence. 79 H. 385 (App.), 903 P.2d 690.

Violated where defendant's assertions and defense counsel's representations raised good faith doubt whether defendant's failure to take medication affected defendant's legal competence to stand trial. 81 H. 332 (App.), 916 P.2d 1233.

Not violated at sentencing where defendant received notice of information court was to consider, received notice that defendant might be subject to consecutive terms of imprisonment, and had the opportunity to participate in the proceedings concerning the information being considered. 81 H. 421 (App.), 918 P.2d 228.

Section 291C-112, which prohibits the use of a vehicle "for purposes of human habitation", not unconstitutionally vague. 82 H. 269 (App.), 921 P.2d 1170.

"Reasonable grounds" standard of §709-906(4) not unconstitutionally vague where standard is an objective standard requiring a trial court to independently assess facts and circumstances which responding officers had before them in determining to issue warning citations. 82 H. 381 (App.), 922 P.2d 994.

Section 709-906(4) not overbroad as issuance of warning citation must be based on objective facts and circumstances, other than merely a complainant's claim, which would lead a reasonable police officer to believe recent physical abuse was inflicted on family or household member. 82 H. 381 (App.), 922 P.2d 994.

Violated where claimant failed to serve employer and insurer with motion and summons; circuit court thus did not acquire personal jurisdiction over employer and insurer and judgment and garnishee summons issued pursuant to §386-91 in absence of personal jurisdiction void. 82 H. 405 (App.), 922 P.2d 1018.

Procedural due process right not denied when guardian ad litem not appointed for mother where mother was provided with court-appointed attorney and, pursuant to §587-34(d), court determined mother was capable of comprehending legal significance of issues. 85 H. 119 (App.), 938 P.2d 178.

Not violated by shooting victim being collaterally estopped in civil action against insurer from re-litigating issue of assailant's intent to cause victim's death where intent issue had already been decided in criminal trial. 85 H. 177 (App.), 938 P.2d 1196.

Application of preponderance of the evidence standard as appropriate judicial basis for issuance of protective order under §586-5.5 does not violate right. 85 H. 197 (App.), 940 P.2d 404.

Where an indictment is valid on its face, the burden is on the defendant seeking dismissal of indictment to prove that any improper presentation of evidence to grand jury was so extreme and flagrant that grand jury was clearly overreached or deceived in significant way. 86 H. 290 (App.), 949 P.2d 130.

Section 707-731(1)(c), providing offense of second degree sexual assault for state correctional facility employee who knowingly subjects imprisoned person to sexual penetration, not unconstitutionally vague. 86 H. 426 (App.), 949 P.2d 1047.

Right not violated: (1) by setting of trial date before previously scheduled pre-trial hearing date where need for pre-trial hearing was obviated by appellant's decision to forgo second genetic test for paternity; and (2) where no showing that judge was not neutral and unbiased in deciding case. 88 H. 159 (App.), 963 P.2d 1135.

As no Hawaii statute governing parole requires a parolee's parole to be automatically revoked upon the parolee's conviction and sentence to imprisonment for a crime committed while on parole, and §353-62 appears to vest Hawaii paroling authority with discretion to revoke parole, parolee's right violated when authority summarily revoked parole without giving parolee a final revocation hearing. 88 H. 229 (App.), 965 P.2d 162.

Section 852-1 not void for vagueness as: (1) a person of ordinary intelligence would have a reasonable opportunity to know that it is unlawful to refuse or wilfully fail to move as directed by an officer; (2) person may then choose between the lawful and unlawful conduct; and (3) the statute provides sufficiently explicit standards for those who apply it. 89 H. 27 (App.), 968 P.2d 194.

Section 52D-8 provides officers with a constitutionally protected property interest--the right to legal representation for acting within the scope of their duty; due process thus entitles an officer to a contested case hearing under chapter 91 before the officer can be deprived of this interest. 89 H. 221 (App.), 971 P.2d 310.

Minor's right to due process and fair hearing not violated where minor failed to show that trial delay was prejudicial, that minor's defense was in any way impaired by the passage of time, or that minor was denied a fair hearing. 91 H. 147 (App.), 981 P.2d 704.

As §604-10.5(h) provides that there can be no criminal conviction unless "[a] knowing or intentional violation of a restraining order or injunction" has occurred, harassment under §604-10.5(a)(1) is not turned into a "strict liability" offense; thus, no violation of due process under §604-10.5(a)(1). 92 H. 312 (App.), 990 P.2d 1194.

Section 604-10.5(a)(1) not unconstitutionally overbroad as it imposes no criminal liability nor places any burden on the reduced punishment or complete defense provisions of the penal code. 92 H. 312 (App.), 990 P.2d 1194.

Where trial court's initial jury instruction and subsequent unanimity instructions, read in conjunction with each other, failed to maintain the defendant's presumption of innocence during the jury's consideration of the unanimity requirement, defendant's right to a fair trial violated. 92 H. 675 (App.), 994 P.2d 607.

The judicial foreclosure system in Hawaii, pursuant to §667-1, is not clearly, manifestly and unmistakably violative of due process; considering the two basic elements of procedural due process--notice and the opportunity to be heard--appellants were afforded due process. 94 H. 422 (App.), 16 P.3d 827.

Where counsel for successful bidder at a judicial foreclosure sale was aware at time of hearing on motion for cancellation of sale that the damages mortgagee bank had prayed for exceeded bidder's deposit, and had the opportunity to challenge, at the hearing, the damages the bank was seeking, bidder's right not violated. 96 H. 348 (App.), 31 P.3d 205.

Section 706-662 not unconstitutional facially or as applied to case where sentencing judge found, upon certified documents stipulated into evidence by the parties, the predicate facts regarding defendant's two prior felony convictions, and that an extended prison term was necessary for protection of the public. 101 H. 97 (App.), 63 P.3d 405.

Durational residency requirement for preferential rates for mooring privileges in small boat harbors not significant penalty on right to travel. 651 F.2d 661.

No racially discriminatory motive despite disproportionate impact upon Caucasians of residency requirement. 651 F.2d 661.

Claim arose where council made decision to finance the special election with private funds. 849 F.2d 1176.

Not violated by Endangered Species Act where differential treatment between native Hawaiians and native Alaskans justified by importance of subsistence hunting in native Alaskan culture. 945 F.2d 254.

Young adults do not constitute cognizable group for purposes of equal protection challenge to composition of petit jury. 986 F.2d 1259.

Court's finding that government did not engage in purposeful discrimination in jury selection process was not clearly erroneous. 995 F.2d 1448.

No qualified immunity for state officials where reasonable state official would have known of complainant's constitutional right to be free from sexual harassment. 39 F.3d 1021.

No qualified immunity for supervising state official where state officials knew of sexual harassment complaint and failed to take any action. 39 F.3d 1021.

Not violated by state small boat harbor mooring and anchoring regulations imposing higher fees on nonresidents than residents. 42 F.3d 1185.

Not violated by rule that, for purposes of criminal history calculation, state conviction for conduct which occurred after defendant's federal offense, but for which defendant was sentenced before defendant's sentencing on the federal offense, is counted as a prior sentence. 44 F.3d 749.

Ordinance creating mechanism through which condominium owners could convert their leasehold interests into fee simple interests was constitutional. 124 F.3d 1150.

Ordinance requiring all publishers who wished to distribute their publications along sidewalks in the Waikiki special district to use one of two sets of newsracks, one reserved solely for publications that charge readers and one just for free publications, did not violate the equal protection clause of the U.S. Constitution. 298 F.3d 1037.

Classification according to criminal record is not constitutionally suspect. 402 F. Supp. 84.

Durational residency requirement for public employment has sufficient impact on right to travel to require statute be justified by compelling state interest test. 443 F. Supp. 228.

Statistical evidence that tenure was awarded to almost everyone on the faculty who applied does not establish denial of equal protection. 469 F. Supp. 443.

Natural parents are not a suspect class. Classifications drawn by parental tort liability statute are not irrational. Parental tort liability statute did not affect any fundamental rights, and has rational relation to legitimate government interests. 529 F. Supp. 394.

Deductions from cost of living allowance paid to civilian employees who had commissary and exchange privileges unconnected to employment did not deny equal protection. 545 F. Supp. 356.

Use of registered voters as population base was impermissible because State failed to show that registered voter base substantially approximated results of using a population base. 552 F. Supp. 554.

State plan to reapportion house of representatives was unconstitutional because it failed to reasonably further rational policy of providing each basic island unit with meaningful representation. Total population in redistricting of senate, 43.18%, was facially violative of equal protection. 552 F. Supp. 554.

No evidence of economic discrimination regarding special elections or that equal access denied to voter lists. 623 F. Supp. 657.

Definition of "Hawaiian" without reference to blood quantum does not violate equal protection. 631 F. Supp. 1153.

Durational residency requirement for gubernatorial candidates does not violate equal protection clause. 639 F. Supp. 1552.

Native Hawaiians have no standing to challenge constitutionality of Hawaiian Homes Commission Act on equal protection grounds as they would be asserting the rights of non-Hawaiian third parties. 795 F. Supp. 1009.

Not violated where city ordinance providing mechanism for transfer of fee simple interest from condominium lessors to lessees did not intentionally discriminate against Native Hawaiians. 802 F. Supp. 326.

Violated by use of excessive force by prison personnel against inmates. 818 F. Supp. 1333.

Condominium lease-to-fee ordinance did not violate plaintiff's equal protection rights. 832 F. Supp. 1404.

No violation, where plaintiff claimed that sex offender treatment program violated right to equal protection because it was overinclusive in that it included inmates who had not actually been convicted of a sex offense. 905 F. Supp. 813.

Petitioner claiming that petitioner's sentence violated equal protection clause because by virtue of petitioner's status as a deportable alien, petitioner had been unconstitutionally excluded from early prerelease programs, failed to state equal protection claim because deportable aliens were not "similarly situated" to U.S. citizens. 940 F. Supp. 275.

Denial of "gate money" where parole board determined that plaintiffs had no immediate needs satisfied rational basis test; thus, there was no equal protection violation. 940 F. Supp. 1523.

Where plaintiffs filed motion for preliminary injunction regarding Act 359 of 1993 Hawaii legislature (relating to Hawaiian sovereignty), as amended in 1994 and 1996, no equal protection violation found regarding native Hawaiian vote. 941 F. Supp. 1529.

No equal protection violation, where petitioner claimed, inter alia, that petitioner was denied parole in violation of equal protection clause because petitioner was classified by Hawaii paroling authority as Hawaiian. 2 F. Supp. 2d 1291.

Student suspended from school for violating Act 90, L 1996 (§302A-1134.5(a)), which prohibited possession of alcohol while attending school, where student allegedly participated in consumption of alcohol at student's home prior to school luau in violation of school's zero tolerance policy under Act 90. Plaintiffs' (student's parents) motion for preliminary injunctive relief granted in part and denied in part where, among other things, it was very unlikely that plaintiffs would prevail on merits of claim that defendants' conduct violated equal protection clause. 84 F. Supp. 2d 1113.

Plaintiffs, individual taxpayers in Hawaii, who claimed that provision of benefits exclusively to Hawaiians and/or native Hawaiians by office of Hawaiian affairs (OHA), Hawaiian homes commission (HHC), and department of Hawaiian home lands (DHHL) violated equal protection clause, had standing to assert only some of their equal protection claims; plaintiffs failed on their motion for temporary restraining order to show they were entitled to an order restraining expenditure of taxpayer money on OHA, HHC, and DHHL. 198 F. Supp. 2d 1165.

Where plaintiffs challenged city and county of Honolulu's practice of charging nonresidents a $3.00 fee to enter bay designated a marine life conservation district and nature preserve, appropriate standard of review was rational basis; genuine issue of material fact existed with respect to rationality of ordinance instituting the fee. 215 F. Supp. 2d 1098.

Ordinance prohibiting use of streets for soliciting sales does not violate equal protection clause. 43 H. 71.

Classifications in ordinance regulating signs upheld, in absence of showing of discrimination. 50 H. 33, 429 P.2d 825.

Three-year residence qualification for jurors upheld, in absence of showing of discrimination. 51 H. 195, 456 P.2d 805.

Law imposing upon private employers the obligation to pay their employees who serve on juries and public boards, was invalid; reasonableness of classification discussed. 52 H. 327, 475 P.2d 679.

Law authorizing imprisonment of person unable to pay fine, denied equal protection. 52 H. 601, 483 P.2d 191.

Durational residence requirement has no rational basis and violates equal protection clause. 53 H. 557, 498 P.2d 644.

Suggestion of leniency in return for testimony made to one co-defendant but not to another is not a denial of equal protection. 53 H. 574, 499 P.2d 678.

Regulatory classifications are presumed valid and are to be upheld unless no reasonable state of facts is conceivable to support them. 55 H. 148, 516 P.2d 715.

Discrimination in tax statute not invalid if there is rational basis for classification. 55 H. 572, 524 P.2d 890.

Inconsistent with due process and equal protection to say putative father of illegitimate child has no parental rights. 56 H. 462, 541 P.2d 13.

Differing treatment of alcohol and marijuana is not so arbitrary as to violate equal protection. 56 H. 501, 542 P.2d 366.

University policy relating to retirement of person 65 years or older is not reasonably related to a state interest and is unconstitutional. 56 H. 601, 546 P.2d 1005.

Law requiring payment of taxes prior to judicial hearing, does not deny equal protection. 57 H. 1, 548 P.2d 246.

Requirement that a woman visitor to an all-male prison wear a brassiere is not invalid. 59 H. 346, 581 P.2d 1164.

Sex-based classification must serve important governmental objective and be substantially related to the achievement of the objective. 59 H. 346, 581 P.2d 1164.

Law requiring indigent candidates to submit nomination papers signed by a certain percentage of the voters in lieu of a filing fee, does not deny equal protection. 59 H. 430, 583 P.2d 955.

Providing different means for partisan and nonpartisan candidates to appear on election ballot did not violate equal protection. 60 H. 282, 588 P.2d 915.

A statute does not violate the equal protection clause merely because it could have included other persons, objects or conduct. 61 H. 262, 602 P.2d 914.

Sex-based classification must serve important governmental objectives and must be substantially related to achievement of those objectives. 62 H. 120, 612 P.2d 526.

Law prohibiting play of pinball machines, no longer bears rational relationship to legitimate statutory objective and denies equal protection. 62 H. 147, 613 P.2d 354.

Discriminatory enforcement of a criminal law is unconstitutional and may be raised as a defense. 62 H. 222, 615 P.2d 730.

Exemption of certain products from liquor tax was rationally related to achievement of valid legislative purpose. 65 H. 566, 656 P.2d 724.

No violation in law denying bail pending appeal to convicted felon sentenced to imprisonment. 66 H. 82, 657 P.2d 464.

Defendant failed to meet burden of proving intentional or purposeful discrimination; prostitution prohibition is gender-neutral; even if not, it does not deny equal protection. 67 H. 608, 699 P.2d 983.

Rational basis exists for treating public assistance recipients differently from other no-fault insurance policyholders. 68 H. 192, 708 P.2d 129, cert. den. 476 U.S. 1169.

Not violated by disqualification of recalled officials from running for vacancy created by recall. 68 H. 263, 711 P.2d 723.

No equal protection violation where there is no showing that the two groups are similarly circumstanced. 69 H. 349, 742 P.2d 359.

Reapportionment plan not unconstitutional where there was no identifiable political group whose homogenous interests might be the subject of illegal discrimination and no evidence of invidious purpose. 75 H. 463, 868 P.2d 1183.

Equal protection clause of Fourteenth Amendment not violated by §601-20(b) (court annexed arbitration program). 76 H. 494, 880 P.2d 169.

Where county imposed impermissibly discriminatory tax, county must be given certain options to correct the impermissible discrimination. 81 H. 248, 915 P.2d 1349.

Section 704-415 does not violate equal protection; State may place burden on insanity acquittee to prove by preponderance of evidence that acquittee should be released. 84 H. 269, 933 P.2d 606.

Not violated by trial court's redaction of home street addresses and home and work telephone numbers on juror qualification forms where redaction procedure was not administered differently against other similarly situated criminal defendants having jury trials in the first circuit. 85 H. 258, 942 P.2d 522.

As chapter 671 rationally furthers legitimate state interest of assuring the provision of affordable health care to Hawaii's citizens by requiring participation in medical malpractice dispute resolution such that the high cost of litigation may be avoided, plaintiff not denied equal protection of the laws. 89 H. 188, 970 P.2d 496.

Not violated by county ordinance classifying time share units into "hotel resort" category where classification was reasonably related to ordinance's stated purpose of eliminating disproportionate tax burdens within that category and classification applied to properties whose actual use was transient or short-term, regardless of whether the units were used personally. 90 H. 334, 978 P.2d 772.

Clause not violated by §709-906 as State has a legitimate interest in protecting the health, safety, and welfare of its citizens, enactment of §709-906 to address family violence within the community is "legitimate" in protecting Hawaii's citizens, and as including family and household members within scope of §709-906 may reduce or deter family violence by imposing upon violators greater criminal punishment than criminal assault, it is rationally related to the State's interest in preventing incidents of family violence. 93 H. 63, 996 P.2d 268.

Complaint that defendants illegally denied student's right to participate in interscholastic sports stated cognizable claim. 6 H. App. 397, 721 P.2d 165.

Not violated by §291C-112, which rationally furthers legitimate state interest in protecting health and welfare of public at large by prohibiting use of vehicles parked on public property as places of habitation during certain hours. 82 H. 269 (App.), 921 P.2d 1170.

Not violated by use of preponderance of evidence standard of proof for §586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under chapter 571 for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

As a suspect classification or fundamental right was not involved, and based upon dissimilar statutory treatment generally accorded to possession of marijuana as opposed to alcohol, where there was a rational basis for dissimilar punishment, §710-1022 did not violate defendant's right because it imposed a more severe penalty for a prisoner's marijuana possession than for alcohol possession under §710-1023. 92 H. 217 (App.), 990 P.2d 115.

Not violated by disparate treatment of persons enjoined under §604-10.5(a)(1) and (a)(2) as those enjoined under subsection (a)(1) are not subject to a suspect classification vis a vis those enjoined under subsection (a)(2) and the legislature could reasonably omit a state-of-mind element in the more perilous cases under subsection (a)(1) but require an intentional or knowing course of conduct in subsection (a)(2) cases. 92 H. 312 (App.), 990 P.2d 1194.

Extends to decisions regarding psychiatric care and communication of personal information. 481 F. Supp. 1028.

Criminal prosecutions. 78-2 HLR 78-781; 81-1 HLR 810157.

Lis pendens. 78-2 HLR 78-769.

Vagueness. 78-2 HLR 78-1478; 81-1 HLR 810147.

Administrative agency rules. 80-1 HLR 800114.

Administrative agency hearing. 80-1 HLR 800673.

Vehicular advertising. 80-2 HLR 800861.