State v. Lorenzo

19 Citing cases

  1. Denis v. Ige

    538 F. Supp. 3d 1063 (D. Haw. 2021)   Cited 47 times
    Holding that mask mandates "allow anyone to freely assemble and associate as long as they are socially distanced or wearing a mask," and as such, they "do not prohibit assemblies, but instead place a minor restriction on the way they occur"

    The Apology Resolution is not "tantamount to a recognition that the [Hawaiian] Kingdom continues to exist." State v. Lorenzo , 77 Haw. 219, 221, 883 P.2d 641, 643 (1994) ; cf.Hawaii v. Off. of Hawaiian Affs. , 556 U.S. 163, 172, 129 S.Ct. 1436, 173 L.Ed.2d 333 (2009) (rejecting claim for injunctive relief based on the Apology Resolution). Denis cannot assert claims based the Hawaiian Kingdom's laws in federal court.

  2. State v. Armitage

    132 Haw. 36 (Haw. 2014)   Cited 16 times
    Holding that a legislative intent to impose absolute liability did not "plainly appear" in a regulation because a conviction imposes the possibility of imprisonment, the statute did not expressly provide for strict liability, and the legislative history was silent on the issue

    [132 Hawai'i 42] State argued, inter alia, that the court had jurisdiction, Petitioners admitted the violation, the relevant administrative rules and statutes were constitutional, and that the court was not the proper forum to recognize the Reinstated Kingdom of Hawai‘i as a sovereign nation. Petitioners filed a reply on July 26, 2007, asserting what they termed the "Lorenzo defense" based on the ICA's decision in State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994), that future courts would consider evidence and arguments in support of recognition of the inherent sovereignty of native Hawaiians. Petitioners also maintained that they are citizens of a nation rather than a group and that "[t]he fact that there are other ‘groups' out there, or that the State is trying to create its own domestic dependent nation (as opposed to a true—sovereign nation—the type of nation for which Kahoolawe is held in trust) is not relevant to [the Lorenzo] defense."

  3. Kapu v. Attorney Gen.

    CIVIL NO. 17-00213 DKW-RLP (D. Haw. Oct. 6, 2017)   Cited 2 times
    Reiterating that private individuals have no authority to issue a criminal indictment for a violation of a criminal statute

    His invocation of the Hawaiian Kingdom or international law, or his understanding of criminal law, does not affect the legitimacy of the United States or this district court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State."). This Court, and others, have repeatedly rejected Mo'i Kapu's arguments to this effect.

  4. Kapu v. Attorney Gen.

    CIVIL NO. 17-00213 DKW-RLP (D. Haw. Aug. 2, 2017)

    His invocation of the Hawaiian Kingdom or international law, or his understanding of criminal law, does not affect the legitimacy of the United States or this district court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State.").

  5. Kapu v. Attorney Gen.

    CIVIL NO. 17-00213 DKW-RLP (D. Haw. May. 15, 2017)

    His invocation of the Hawaiian Kingdom or international law, or his understanding of criminal law, does not affect the legitimacy of the United States or this district court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State."). This district court has previously rejected his arguments to this effect.

  6. Piedvache v. Ige

    Civil No. 16-00138 DKW-RLP (D. Haw. Nov. 2, 2016)   Cited 7 times
    Finding Hawaii has not waived its sovereign immunity

    Moreover, his invocation of the Hawaiian Kingdom, international law, or the 1993 Apology Resolution, Pub. L. No. 1031150, 107 Stat. 1510 (1993), does not affect the legitimacy of the United States or this District Court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State.").

  7. Vicente v. Takayama

    CV 16-00497 DKW-RLP (D. Haw. Oct. 4, 2016)   Cited 2 times

    Nor does Vicente's invocation of alleged treaty violations provide a basis for this Court's subject matter jurisdiction on the basis that Vicente is a member of the Hawaiian Kingdom or that his alleged injuries resulted from the breach of a treaty between the United States and the Hawaiian Kingdom. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State."). Accordingly, the Court is without the authority to adjudicate these claims, and the Complaint is DISMISSED.

  8. State v. Kaulia

    128 Haw. 479 (Haw. 2013)   Cited 88 times
    Holding that because the State failed to properly file the complaint, "the district court lacked jurisdiction to proceed to trial"

    Individuals claiming to be citizens of the Kingdom and not of the State are not exempt from application of the State's laws. See id. at 55, 101 P.3d at 664;State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994); State v. French, 77 Hawai‘i 222, 883 P.2d 644 (App.1994); Nishitani v. Baker, 82 Hawai‘i 281, 921 P.2d 1182 (App.1996); State v. Lee, 90 Hawai‘i 130, 976 P.2d 444 (1999).

  9. Bank of N.Y. Mellon v. Cummings

    NO. CAAP-17-0000066 (Haw. Ct. App. Apr. 12, 2021)

    Individuals claiming to be citizens of the Kingdom and not of the State are not exempt from application of the State's laws. See id. at 55, 101 P.3d at 664; State v. Lorenzo, 77 Hawai'i 219, 883 P.2d 641 (App. 1994); State v. French, 77 Hawai'i 222, 883 P.2d 644 (App. 1994); Nishitani v. Baker, 82 Hawai'i 281, 921 P.2d 1182 (App. 1996); State v. Lee, 90 Hawai'i 130, 976 P.2d 444 (1999).Id. at 487, 291 P.3d at 385.

  10. State v. Armitage

    301 P.3d 1266 (Haw. Ct. App. 2013)

    Individuals claiming to be citizens of the Kingdom and not of the State are not exempt from application of the State's laws. See id. at 55, 101 P.3d 225, 101 P.3d at 664;State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994); State v. French, 77 Hawai‘i 222, 883 P.2d 644 (App.1994); Nishitani v. Baker, 82 Hawai‘i 281, 921 P.2d 1182 (App.1996); State v. Lee, 90 Hawai‘i 130, 976 P.2d 444 (1999).