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Kealoha et al., Etc. v. Tanaka
44 Haw. 57 (Haw. 1960)2 Citing cases
Kealoha v. Tanaka
45 Haw. 457 (Haw. 1962) Cited 22 timesIn Kealoha, however, the supreme court emphasized that separation of a jury during deliberations is not prejudicial per se, "but is simply a circumstance" which must be taken into account in determining whether a new trial is warranted. 45 Haw. at 469-70, 370 P.2d at 475.
The motion was denied by the new judge, and defendant moved for and was allowed an interlocutory appeal by the circuit court from the order granting a new trial. On January 21, 1960, this court in Kealoha v. Tanaka, 44 Haw. 57, 351 P.2d 1096, reversed the order of the circuit court granting a new trial on the ground that defendant was not accorded a hearing after the original remand and before the entry of the order granting a new trial. The case was remanded to the circuit court for hearing on the motion for a new trial.
Dawson v. Lanham
53 Haw. 76 (Haw. 1971) Cited 5 timesRuling that bail requirements survive quashing of indictment without prejudice during pendency of prosecution's appeal but not as discrete proceedings
IV. CONCLUSION It is well established in this jurisdiction that generally, when a case in a civil proceeding is appealed to the supreme court, the circuit court loses jurisdiction except as to issuance of certain orders in aid of, and that do not interfere with, the jurisdiction of the supreme court. Kealoha v. Tanaka, 42 Haw. 630 at 635 (1958); explained Kealoha v.Tanaka, 44 Haw. 57, 351 P.2d 1096 (1960); Tropic Builders, Ltd. v. Naval Ammunition Depot, 48 Haw. 306 at 327, 402 P.2d 440 at 452 (1965). We think that the same rule of law should apply to appeals in criminal cases.