Saturday, April 14, 2018

Updated: "The Doctrine of Political Question" Applies to All Land Cases.....Important, Mahalo Joyclynn Costa!

  
11 years ago on April 13th on a Friday myself and 3 others stood in front a Judge. We were accused of Criminal Trespass II reduced to Simple Trespass. The day we got arrested they put it on the 10 news about activist fighting for "Hawaiian" land. Wrong, we were standing for our rights and kuleana. After being looped in the system for months we had our day in court. The Prosecutor said if we could prove separation of jurisdiction and powers from both the State of Hawaii a...nd the United States the Judge could recognize our claim. Our point was they could not apply their authority on Hawaiian Nationals. There were 16 arrested that day. On April 13 on a Friday I delivered what the prosecutor requested. I handed the clerk, to hand to the Judge, a letter from the late Senator Inouye. He was a United State Senator for the State of Hawaii. (two birds w/ one stone) He could not come to our trial due to a mandated Constitutional Separation of Powers. I looked it up and found within the Separation of Powers was "The Doctrine of Political Question". In this doctrine it speaks of land if created by another Country can not be decided in court. It is of a political matter between the Executives. The Judge took a look at the letter asked a few questions flipped thru his books and accepted my oral motion to dismiss with prejudice. The prosecutor had nothing else to rebut and the Judge rendered a decision to grant the Dismissal with Prejudice. I know this was not of my doing but the grace of ke Akua that worked this case. You see we were not suppose to appear that because the case was already dismissed w/out prejudice. The Judge asked why our names were on the calendar and all they could say was it was a mistake. My dad stood with me and he had his say in court. A week later all others were also dismissed w/prejudice. All 16!!!! Since then we have lost a few of those warriors. This post is dedicated to them. I miss you Bradah Lonohiwa Kekahuna.
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Bernadine Maio Mahalo Joyclynn
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Reply21h
Joyclynn Costa Aunty Bernie you one of our strongest Kupuna that stood on the aina. I love you
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Catherine Bauknight So important Joyclynn. I remember this. Very hard times. Keep the faith. You’re moving forward. Great work my friend.
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Joyclynn Costa Never saw some make it across the island as fast as you to get it on cameral. He even threatened to arrest you. You are a true friend
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Reply21h
Bernadine Maio God Bless You Joyclynn For All Your hard work Love You Very Much Aunty Bernie
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Reply21h
Ka'iu Lambert Wow. 11 years already. God Bless Lonohiwa๐Ÿ˜๐Ÿ˜˜
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Theresa Keohunani Taber you would think that our many court cases would be referencing this as well??? Mahalo Joyclynn Costa for sharing this with the Lahui...
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Pono Kealoha Alwayz Love and Respect for you and Ohana please give your father a huge hug and tell him its from Pono miss you guys and Maui
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Anjo Hoopai-Waikoloa You are a true warrior, love you Aunty!
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Kili Namau'u Eล! E ola ka สปohana Kekahuna.
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Monica Gouveia-Nakahashi IMUA!!!! Blessings to you!!!!
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Wendy Antoncich I LOVE THIS STORY!!!! So proud of you. Truly committed. Chicken skin kine story. And aloha to Uncle.
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Reply19h
Kii Kahoohanohano I love you, and I miss him terribly too❤️
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Reply18h
Vernon Kalanikau These are the things that should be heard and recognized. Hmm?....Tempted to raise the flags at half staff on this day
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Mahealani Ahia Mahalo for all you do! You are my inspiration!
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M Haunani Yap-Teruya Love you Cuzn honi to dad
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Susan Vickery Mahalo Joyclynn + 16... you are an inspiration to keep going!!!
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Aloha Smith Mahalo for your stand for the greater good of us “other” Kanakas. Definitely Ke Akua!
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Lei'ohu Ryder
๐Ÿ™๐Ÿผ๐Ÿค™๐ŸŒˆ
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Ronald Fujiyoshi Mahalo for sharing! Congratulations again!
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Leeann Paman I love you cousin! Thank you for sharing this great story!
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Lynette Cruz Good work, as always. Love you, Joyclynn.
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Corey Asano Awesome! Say hello to your dad for me.
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Reply5h
Lisa Alo Beautiful post!
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Carrie Ann Shirota Mahalo for inspiring all of us!
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Haneoo Hamoan Mahalo aunty!!! As why I should have gone trial on my #iwikupuna case recently.... also criminal trespass 2. And now I(we) know. ( ; #EA #Onipaa
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Andrea Lima Friday the 13th has a new meaning.... love you
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Kamalani Pahukoa
๐Ÿ’œ๐Ÿ˜๐Ÿ’ช๐Ÿพ
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Lynda Saffery Mahalo me Ke Aloha la~EA!
To you and your Oสปhana!

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Nadine Awana Mahalo ke akua...
Brada Lono, BIG smiles. Never forgotten and always with us

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Reply1h
Amelia Gora Mahalo..."Doctrine of Political Question"...awesome!
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Reply1m

Joyclynn Costa Yes when you look at, especially developments they claim to own portions of LCA/RP according to the Doctrine it may appear to be with in the courts jurisdiction but it is not, It is of a political matter.
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