The ICA affirmed summary judgment in a judicial foreclosure, holding that U.S. Bank established standing through a collateral tracking report proving note possession at filing, and that challenges to loan accounting raised for the first time on appeal were waived.
The ICA reversed an excessive speeding conviction because the State failed to prove the manufacturer’s specific training requirements for the LIDAR device, as required under the Assaye/Amiral framework.
The ICA affirmed an excessive speeding conviction, holding that evidence of driving 92 mph in a 60-mph zone was sufficient to prove recklessness under HRS § 291C-105(a)(2), regardless of the defendant’s subjective reason for accelerating.
In a published opinion, the ICA held that district courts exceed their statutory authority when requiring OVUII defendants to appear for substance abuse compliance hearings, extending the Supreme Court’s Fay decision and holding such hearings are impermissibly akin to probation.
The ICA affirmed summary judgment in a negligence action, holding that expert medical causation testimony was required where pre-existing eye conditions placed the causal link beyond common knowledge.