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Tag: Hawaii Supreme Court

  • McKenna to lead Hawaii’s Judiciary as its acting chief

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    GEORGE F. LEE / DEC. 10 Hawaii Supreme Court Associate Justice Sabrina S.McKenna makes an appearance in the Mililani High School gym in December to hear the case of Blosson Bell v. Hawaii Public Housing Authority. McKenna will begin serving as acting chief justice Oct. 1, following the retirement of Chief Justice Mark Recktenwald at the end of September.

    GEORGE F. LEE / DEC. 10 Hawaii Supreme Court Associate Justice Sabrina S.McKenna makes an appearance in the Mililani High School gym in December to hear the case of Blosson Bell v. Hawaii Public Housing Authority. McKenna will begin serving as acting chief justice Oct. 1, following the retirement of Chief Justice Mark Recktenwald at the end of September.

    Hawaii Supreme Court Associate Justice Sabrina McKenna will begin serving as acting chief justice Wednesday, following the retirement of Chief Justice Mark Recktenwald at the end of September, the state Judiciary announced Thursday.

    “On behalf of all judiciary employees, the bar, and the entire State of Hawaii, I express our deepest appreciation to Chief Justice Mark Recktenwald for his Aloha Spirit-imbued leadership over the past 15 years, as well as his commitment to Access to Justice and the Rule of Law, ” McKenna said in a news release.

    Recktenwald leaves the Supreme Court due to the state’s mandatory retirement age of 70 for justices and judges.

    The Judical Selection Commission must now provide a list of four to six nominees to replace the chief justice. Gov. Josh Green will then select one of the nominees, who must be confirmed by the state Senate.

    However, there are not enough nominees from which the governor can make a selection at this time.

    McKenna is the longest-serving active jurist in the Judiciary, having also served in the district, circuit and family courts in the Oahu Circuit, including as senior family court judge, according to the release. She has served on the Hawaii Supreme Court since 2011.

    “Justice McKenna is uniquely qualified to lead the Judiciary at this pivotal time, ” Recktenwald said. “She has served with distinction at nearly every level of our courts, and her deep experience and unwavering commitment to justice will guide us forward. I am excited she will have the opportunity to use that vast knowledge to lead the Judiciary.”

    The Judiciary also announced the departure of Administrative Director of the Courts Rod Maile.

    Brandon Kimura, who served as deputy administrative director of the courts, will succeed him Wednesday. Daylin-Rose Heather will serve as deputy.

    McKenna thanked Maile for his dedicated leadership as administative director.

    “I am extremely humbled and honored to be able to guide the Judiciary from October 1st until the next chief justice is sworn in, alongside Brandon, Daylin, and all our incredible and hard-working judges, administrators and employees, ” she said.

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  • Supreme Court upholds Kauai murder conviction

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    The Hawaii Supreme Court, in a 5-0 decision, upheld the 2021 murder conviction and life sentence of a man found guilty of fatally stabbing his 67-year-old wheelchair-bound landlord, Kauai County Prosecutor Rebecca Like announced this week.

    The high court reversed the Intermediate Court of Appeals’ ruling that overturned the conviction.

    Peter Grewer’s murder trial began in April 2021, nearly three years after the death of Joellen Hartman, who was stabbed 17 times June 18, 2018. Grewer had been living in an ohana unit on Hartman’s property and was evicted the same day she was stabbed to death.

    During the trial, the state called 23 witnesses and provided circumstantial evidence along with forensic DNA evidence found on Grewer’s bloodied clothes and under Hartman’s fingernails.

    A Kauai Circuit Court jury found him guilty of second-­degree murder.

    “Due to the heinous and cruel nature of the crime as well as Ms. Hartman’s advanced age, the state sought extended and enhanced sentencing, ” the Kauai Prosecutor’s Office said in a news release. He was sentenced to life in prison without the possibility of parole.

    Grewer appealed the conviction based on a potential juror’s comments that he wanted to be excused from jury duty.

    The court was made aware of the comments, and all potential jurors who heard the comments were interviewed by the judge. The judge excused the potential juror who made the comments from serving as a juror, and reminded the others to disregard the statements made about the case.

    Grewer argued the comments violated his right to a fair trial by an impartial jury.

    The Hawaii Intermediate Court of Appeals ruled, 2-1, that his right to a fair trial was violated, overturned the conviction, and sent the case back to Circuit Court for a new trial.

    The Kauai Prosecutor’s Office petitioned the Supreme Court, which opined that the Circuit Court’s investigation into the juror’s comments was adequate, that the judge’s instructions given to the jury were sufficient to address any prejudice that could have arisen from those comments, and any prejudice caused by the comments was harmless in light of the overwhelming, uncontradicted physical evidence of Grewer’s guilt.

    Deputy Prosecutor Tracy Murakami handled the petition. Deputy Prosecutor Matthew Arakawa and former Deputy Prosecutor Kimberly Torigoe Metcalfe tried the case.

    Like said in a written statement : “Our office, with our law enforcement partners, celebrate (the ) Hawaii Supreme Court decision reversing the ICA and restoring Grewer’s conviction in this heinous, premeditated, callous murder of a vulnerable Kauai resident.

    “We are grateful to the many individuals who worked tirelessly on this case and we hope this decision provides some solace to the victim’s friends and family.

    “We are relieved that this defendant will never walk the streets again.”

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