When Is Optimism Actually Pessimism? When Trump Is President

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan continues his discussion considering the future of the rule of law in the United States. Buchanan argues that even assuming a “long arc of American political history,” knowing that eventually, another group of heroes might rise is comforting only in a vague sense.

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State v. Baker

Docket: SCWC-18-0000454

Opinion Date: March 13, 2020

Judge: Richard W. Pollack

Areas of Law: Criminal Law

The Supreme Court vacated Defendant's conviction for failing to comply with the requirements of Haw. Rev. Stat. 291C-13, holding that both the complaint and the evidence were insufficient. Section 291C-13 requires that when an accident occurs, the driver that causes damage must stop the vehicle at, or as close as possible to, the accident scene and remain there until the driver has provided certain identifying information. The statute also requires that every such stop be made without obstructing traffic more than necessary. On appeal, Defendant argued that there was insufficient evidence to sustain her conviction because, where it was necessary for the parties to move their vehicles out of traffic, the State was required to prove that the stop at the accident scene could have been made without obstructing traffic more than necessary. Defendant further argued that because the complaint and charge did not allege that "[e]very stop shall are made without obstructing traffic more than is necessary" she was not fully informed of the nature and cause of the accusation against her. The Supreme Court agreed, holding (1) the complaint was insufficient; and (2) the State failed to prove that Defendant did not provide the required statutory information to the police after the accident in this case.

Mobley v. Ching

Docket: SCWC-12-0001090

Opinion Date: March 13, 2020

Judge: Sabrina S. McKenna

Areas of Law: Personal Injury

In this case arising from a personal injury lawsuit against the drivers of two vehicles in two separate accidents, one in 2005 and the other in 2008, the Supreme Court affirmed the ICA"s judgment vacating the circuit court's summary judgment in favor of Defendants for the 2008 accident, holding that the circuit court erred. Plaintiff filed a complaint against Leslie Ching for the 2005 accident and Lyanne Kimura for the 2008 accident. Kimura impleaded Dennis Espaniola as a third-party defendant because of his involvement in the 2008 accident. Plaintiff alleged he was able to assert tort liability for the two accidents under either of two exceptions to Haw. Rev. Stat. 431:10C-306(a), which abolishes tort liability with respect to accidental harm arising from motor vehicle accidents occurring in the state. The circuit court ruled that Plaintiff failed to satisfy either exception. The ICA vacated the summary judgment. The Supreme Court affirmed, holding (1) the ICA did not err in ruling that the circuit court erred in granting Espaniola's motion for partial summary judgment based on Plaintiff's failure to satisfy the tort threshold; and (2) the ICA did not err in ruling that the circuit court's grant of Espaniola's motion for partial summary judgment was premature.