I'm feeling drawn to post perhaps a bit of a "caveat" about that original post, plus the others which followed (here and here here). As I am not trained as a "legal eagle" (with all due respect to eagles), there is possibly some closer inspection of details that might be helpful in clarifying the whole thing.
As I understand it, "the judge" (Cardoza) did not say (or rule) that the "Hawaiian Kingdom Still Exists". He said the expert testimony of Dr. Keanu Sai, in which he stated that his studies show that, by law, the Hawaiian Kingdom still exists, to be given "judicial notice" by the court. Recall from that original post,
1. [Dexter K.] "Kaiama [attorney for the defendants] requested Judge Cardoza to take judicial notice of all the evidence of the Hawaiian Kingdom's existence"...
2. Judge Cardoza then stated, "there being no objection, the Court will take judicial notice as requested."
Not once did Judge Cardoza (or the court or the State of Hawaii) state that "The Hawaiian Kingdom exists".
Now click this link, judicial notice, to read this statement:
"Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted..."
Is that significant? Well, here are statements from attorney Kaiama and Prof. Williamson Chang:
"Once judicial notice was taken of the evidence that the Hawaiian Kingdom continues to exist as a state, it is considered indisputable and true," according to Kaiama. "Judicial notice is a very significant ruling on evidence and when the court took judicial notice, it said that it is conclusive that the Hawaiian Kingdom exists"...
"This is the first time that a judge has taken judicial notice—meaning he has accepted under the Rules of Evidence, without protest, the whole set of findings that lead to the conclusion that the Hawaiian Kingdom exists," said Williamson Chang, a senior law professor at the University of Hawai'i... "This is groundbreaking."
So, there you have it. Now what "it" is, we shall see. And I intend to get some clarifying remarks from the Kingdom Chief Justice Pawlowski and Ali'i Mana'o Nui Sinkin. I will report their mana'o (heart felt opinions) here.
I still say (and maybe it's that I am getting the energetic message), "It's 'HUGE', baby"...
Aloha, Kp
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