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Hawaii Supreme Court Announces State Constitution Requires Law Enforcement to Record All Custodial Interrogations, Overruling Three-Decade-Old Precedent and Recognizing New Due Process Right

Article • March 1, 2026 • from CLN April, 2026

Filed under: Constitution, state, Confrontation Clause/Rights, Self-Incrimination Clause, Custodial Interrogations, Video Recordings

Hawaii Supreme Court Announces State Constitution Requires Law Enforcement to Record All Custodial Interrogations, Overruling Three-Decade-Old Precedent and Recognizing New Due Process Right by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Hawaii held that the due process clause of the Hawaii Constitution requires law enforcement to record all …

News In Brief

Article • February 1, 2026 • from CLN March, 2026

News In Brief by Arkansas: The Saline Courier reported a swift fall from grace for Bryant Police Department (BPD) Sgt. Brett Carpenter, after he was observed off-duty driving his pickup the wrong way on a service road off I-30 on January 13, 2026. Saline County Sheriff’s Office (SCSO) deputies stopped …

NEWS IN BRIEF

Article • October 15, 2025 • from CLN November, 2025

NEWS IN BRIEF by California: Former Stanislaus County Sheriff’s Deputy Matthew Joseph Dessert, 42, was sentenced to nine years in prison on August 8, 2025, for sexually abusing his teenage daughter. According to The Modesto Bee, County Superior Court Judge Jeff Mangar said that the lawman violated his office’s trust …

News in Brief

Article • August 1, 2025 • from CLN August, 2025

Filed under: Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of

News in Brief by Alabama: Walker County Sheriff Nick Smith faces six misdemeanor counts after a grand jury indicted him on May 30, 2025, for knowingly employing uncertified personnel. WBRC in Birmingham reported that Smith’s second-in-command, Chief Deputy Ralph Williams, was also indicted on one count of providing false or …

HRDC v. Johnson, HI, Complaint, Censorship, 2025

Filing • July 24, 2025

Filed under: Censorship

HRDC v. Johnson, HI, Complaint, Censorship, 2025 Case 1:25-cv-00311 Document 1 Filed 07/24/25 Page 1 of 16 PageID.1 1 Ernest Galvan – Cal. Bar No. 196065* 2 3 4 5 6 7 8 9 10 11 Benjamin Bien-Kahn – Cal. Bar No. 267933* Brenda Muñoz – Cal. Bar No. 328813* …

HRDC v. Johnson, HI, Complaint, Censorship, 2025

Brief • July 24, 2025

Filed under: Censorship

HRDC v. Johnson, HI, Complaint, Censorship, 2025 Case 1:25-cv-00311 Document 1 Filed 07/24/25 Page 1 of 16 PageID.1 1 Ernest Galvan – Cal. Bar No. 196065* 2 3 4 5 6 7 8 9 10 11 Benjamin Bien-Kahn – Cal. Bar No. 267933* Brenda Muñoz – Cal. Bar No. 328813* …

Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments

Article • February 15, 2025 • from CLN March, 2025

Filed under: Prosecutors, Wrongful Conviction, Prior Convictions - Expungement or Reversal of, Improper Comment

Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments by Sam Rutherford by Sam Rutherford The Supreme Court of Hawai’i reversed a murder conviction for prosecutorial misconduct where a deputy prosecutor described the defendant as a liar and inserted personal opinions concerning …

News in Brief

Article • September 1, 2024 • from CLN September, 2024

Filed under: News in Brief

News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …

Understanding Fusion Centers

Article • March 15, 2024 • from CLN March, 2024

Filed under: Police State-Surveillance, Electronic Surveillance

Understanding Fusion Centers by Michael Thompson by Michael Dean Thompson Introduction After 9/11, authorities determined the event was possible due to a failure of the various intelligence agencies to communicate with each other and share their information, data, insights, and discoveries. In 2007, Eben Kaplan wrote for the Council on …

Reyes v. State of Hawaii, HI, Settlement, Sexual Abuse, 2023

Brief • August 10, 2023

Filed under: Sexual Assault, Prisoner-Staff Assault, Criminal Sexual Abuse

Reyes v. State of Hawaii, HI, Settlement, Sexual Abuse, 2023 ORIGINt\L SETTLEMENT AGREEMENT, JOINT TORTFEASOR RELEASE, AND DEFENSE AND INDEMNITY AGREEMENT Leinette Kainoa Reyes, Dana K.A. Baba, Artemio Panlasigui, Individually and on Behalf of the Estate of Dawnielle C. Panlasigui, deceased, and as Next Friend to A.P. a Minor, Tiana …

Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor

Article • August 1, 2023 • from CLN August, 2023

Filed under: Self-Incrimination Clause, Denial of Due Process

Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor by Asking Witness to Tell Grand Jury Defendant Exercised Right to Remain Silent The Supreme Court of Hawaii held that a prosecutor flagrantly violated a defendant’s Hawaii due process right to a fair and impartial grand jury hearing by adducing …

Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial

Article • April 15, 2023 • from CLN May, 2023

Filed under: Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error

Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial by Mark Wilson by Mark Wilson The Supreme Court of Hawaii held that a trial court plainly erred in failing to instruct the jury that the “restraint” necessary …

HI Correctional System Oversight Commission-OCCC Site Tour Observations-March 2023

Publication • March 7, 2023

Filed under: COVID-19, Conditions of Confinement, Overcrowding, Showers, Prison Tourism/Consumerism

HI Correctional System Oversight Commission-OCCC Site Tour Observations-March 2023 JOSH GREEN, M.D. MARK PATTERSON GOVERNOR CHAIR CHRISTIN M. JOHNSON OVERSIGHT COORDINATOR STATE OF HAWAII HAWAII CORRECTIONAL SYSTEM OVERSIGHT COMMISSION 235 S. Beretania Street, 16 Floor th COMMISSIONERS HON. MICHAEL A. TOWN (ret.) HON. RONALD IBARRA (ret.) TED SAKAI MARTHA TORNEY …

Fatai v. City and County of Honolulu, HI, Memorandum Response in Opposition to Dft's Partial MSJ, Fabrication of Evidence, 2022

Brief • December 12, 2022

Filed under: Evidence - Destruction/Fabrication/Manipulation of

Fatai v. City and County of Honolulu, HI, Memorandum Response in Opposition to Dft's Partial MSJ, Fabrication of Evidence, 2022 Case 1:19-cv-00603-DKW-WRP Document 293 Filed 12/12/22 Page 1 of 33 PageID.4958 JENNIFER BROWN, #10885 P.O. Box 8415 Honolulu, HI 96830 (808) 554-5576 jenlbrownlaw@gmail.com DAVID B. OWENS* LOEVY & LOEVY (312) …

News in Brief

Article • September 15, 2022 • from CLN October, 2022

Filed under: News in Brief

News in Brief by Alabama: On August 4, 2022, the Vincent City Council voted to fully dissolve the city’s police force after racist text messages by a top officer were discovered, CNN reported. The city is home to about 2,000 residents and until the vote by the council, had just …

Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements

Article • September 15, 2022 • from CLN October, 2022

Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i held that a defendant’s right not to incriminate herself under article I, section 10 of the Hawai’i Constitution was violated when …

Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home

Article • July 15, 2022 • from CLN August, 2022

Filed under: Exigent Circumstances, Warrantless Searches

Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was …

Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense

Article • May 1, 2022 • from CLN May, 2022

Filed under: Assault Weapons, Withholding of Exculpatory Evidence

Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense by Matthew Clarke by Matt Clarke The Supreme Court of Hawaii held that a trial court erred by excluding evidence of the victim’s blood alcohol concentration (“BAC”) in a first-degree …

Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial

Article • December 15, 2021 • from CLN January, 2022

Filed under: Prosecutorial Misconduct, New Trial - Motions for

Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i vacated the judgment of the Intermediate Court of Appeals (“ICA”) that held a prosecutor’s cumulative misconduct was harmless. Matthew K. …

Maui Community Correctional Center - Final PREA Audit Report, 2021

Publication • October 27, 2021

Filed under: Prison Rape Elimination Act

Maui Community Correctional Center - Final PREA Audit Report, 2021 Prison Rape Elimination Act (PREA) Audit Report Adult Prisons & Jails ☐ ☒ Interim Final ☐ N/A Date of Interim Audit Report: June 3, 2021 If no Interim Audit Report, select N/A Date of Final Audit Report: October 27, 2021 …