such authority. I cannot assume the court has continuing jurisdiction. The matter warrants briefing and argument.

Similar documents
Civil Appeal No. 429 Appellate Division of the High Court. January 27, YCHITARO SIMIRON, Plaintiff-Appellant

Civil Appeal No. 53. Civil Appeal No. 54. Civil Appeal No. 55. Civil Appeal No. 56

Civil Appeals Nos. 112 and 138 (Consolidated) Appellate Division of the High Court. June 7,1977

Specific approval of a will by an alab is not necessary.

Mertakrear wato, and Mertakrelik wato, all four wato being located on Kwajalein Atoll in the. Marshall Islands District

Civil Action No. 269 Trial Division of the High Court. December 30, 1968

Combined Civil Action No.1 Trial Division of the High Court. June 1,1953

Civil Action No. 151 Trial Division of the High Court. February 3, LIKINONO and SOLOMON L., Plaintiffs v. Marshall Islands District

Civil Action No. 388 Trial Division of the High Court Marshall Islands District. March 8, CLEMENT JANRE, Plaintiff. LEBAL LABUNO, Defendant

1. Limitation of Actions-Generally. 2. Limitation of Actions-Conrt's Function. Court's function is not to inquire

Civil Action No. 478 Trial Division of the High Court. February 16, Truk District. KIOMASA KAMINANGA, Plaintiff

Civil Action No Trial Division of the High Court. August 1, 1974

REPUBLIC OF THE MARSHALL ISLANDS LAW REPORTS VOLUME 2

v No Oakland Circuit Court

STATE OF MICHIGAN COURT OF APPEALS

Civil Action No. 313 Trial Division of the High Court. December 30, PRIDA SANTOS and NELEN LIPAI, Plaintiffs v. ANTON LIPAI, Defendant

IN THE HIGH COURT OF THE REPUBLIC OF THE MARSHALL ISLANDS ) )

UNITED STATES COURT OF APPEALS

IN THE HIGH COURT OF THE REPUBLIC OF THE MARSHALL ISLANDS

2008 U.S. App. LEXIS 1250, *

It is ordered, adjudged, and decreed:-

Civil Appeal No. 393 Appellate Division of the High Court May 23, NAURU LOCAL GOVERNMENT COUNCIL, Plaintiff-Appellant/Cross-Appellee

RENDERED: November 7, 1997; 10:00 a.m. NOT TO BE PUBLISHED NO. 96-CA-1594-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING * * * * *

United States Court of Appeals For the First Circuit

STATE OF MICHIGAN COURT OF APPEALS

Criminal Case No. 390 Trial Division of the High Court. November 7, 1972 TRUST TERRITORY OF THE PACIFIC ISLANDS TRUMAN NGIRMANG AND ABRAHAM OBAK

STATE OF MICHIGAN COURT OF APPEALS

Commonwealth of Kentucky Court of Appeals

Criminal Appeal No. 23 Appellate Division of the High Court September 3, 1965

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF MEDINA ) DECISION AND JOURNAL ENTRY

STATE OF MICHIGAN COURT OF APPEALS

COURT OF APPEALS OF VIRGINIA

NO KA COA IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI BRYN ELLIS APPELLANT, STATE OF MISSISSIPPI APPELLEE.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

United States Court of Appeals for the Federal Circuit

NOT DESIGNATED FOR PUBLICATION. No. 116,399 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, SARAH B. ALCORN, Appellant.

REPUBLIC OF THE MARSHALL ISLANDS LAW REPORTS VOLUME 3

NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIfI

COURT OF APPEALS OF VIRGINIA

Cite as 2018 Ark. 16 SUPREME COURT OF ARKANSAS

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 97-CM-789. Appeal from the Superior Court of the District of Columbia Criminal Division

FINAL ORDER REVERSING TRIAL COURT. The State of Florida appeals an order granting Appellee Justin Robinson s pretrial motion

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT * Before MURPHY, HOLLOWAY, and GORSUCH, Circuit Judges.

STATE OF MICHIGAN COURT OF APPEALS

Commonwealth of Kentucky Court of Appeals

COURT OF APPEAL FIRST CIRCUIT 2008 CA 1996 FARMCO INC AND BRENT A BEAUVAIS VERSUS M CREER ZELOTES A THOMAS KEITH E MORRIS AND RONADA B MORRIS

Criminal Appeal No. 16 Appellate Division of the High Court January 15, YONA NGERUANGEL, Appellant

v No Oakland Circuit Court v Nos ; Oakland Circuit Court

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

STATE OF FLORIDA REEMPLOYMENT ASSISTANCE APPEALS COMMISSION

STATE OF MICHIGAN COURT OF APPEALS

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

BEFORE WHIPPLE McDONALD AND McCLENDON JJ

NOT DESIGNATED FOR PUBLICATION. No. 116,697 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. RONALD H. BEARD JR., Appellant, STATE OF KANSAS, Appellee.

24th ~o/ October, Record No Circuit Court No. CL12-136

STATE OF MICHIGAN COURT OF APPEALS

Evidentiary Challenges: Admissibility, Weight, Reliability, and Impeachment v. Rebuttal Evidence

United States Court of Appeals

THE STATE OF NEW HAMPSHIRE SUPREME COURT

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

RENDERED: September 22, 2000; 2:00 p.m. NOT TO BE PUBLISHED NO CA MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** **

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. Lower Case No.: 2012-TR A-W

No. 1D On appeal from the Circuit Court for Walton County. Kelvin C. Wells, Judge. June 18, 2018

v No Macomb Probate Court KAREN MAHER, EDWARD SADORSKI, JR., LC No DE KENNETH SADORSKI, AND ESTELLE SADORSKI,

Roxy Huber, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado, JUDGMENT AFFIRMED

COLORADO COURT OF APPEALS 2014 COA 41

Commonwealth of Kentucky Court of Appeals

THE CONDEMNEE S PERSPECTIVE OF DIRECTED VERDICT, MOTIONS FOR MISTRIAL,

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 101,054. STATE OF KANSAS, Appellee, JOHN HENRY HORTON, Appellant. SYLLABUS BY THE COURT

IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO. Plaintiff-Appellee : C.A. Case Nos CA-101 And 2002-CA-102

v. Record No OPINION BY JUSTICE DONALD W. LEMONS JUNE 4, 2009 * COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

USA v. Brian Campbell

IN THE SUPREME COURT OF THE STATE OF DELAWARE. LUIS G. CABRERA, No. 64, 1999 Defendant Below, Appellant,

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LAKE COUNTY. CASE No CR

v No Oakland Circuit Court Family Division

STATE OF MICHIGAN COURT OF APPEALS

IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. l l L INTRODUCTION. n. BACKGROUND

Commonwealth of Kentucky Court of Appeals

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI ST ATE OF MISSISSIPPI APPELLEE DOES NOT REQUEST ORAL ARGUMENT JIM HOOD, ATTORNEY GENERAL

STATE OF MICHIGAN COURT OF APPEALS

THE STATE OF NEW HAMPSHIRE SUPREME COURT

LONNIE LORENZO BOONE OPINION BY v. Record No JUSTICE WILLIAM C. MIMS April 18, 2013 COMMONWEALTH OF VIRGINIA

STATE OF MICHIGAN COURT OF APPEALS

Civil Acti{)n No and RIDEP SOLANG, Appellant. Civil Action No Trial Division of the High Court. March 21, 1974

THE STATE OF OHIO, APPELLEE,

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

United States Court of Appeals For the Eighth Circuit

SUPREME COURT OF THE UNITED STATES

ARKANSAS COURT OF APPEALS

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 1995 ELIZABETH FARAH

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA. COMMONWEALTH OF : PENNSYLVANIA : NO: CR ; : vs. : : : LEON BODLE :

Commonwealth of Kentucky Court of Appeals

RENDERED: March 26, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO CA MR LARRY EDWARD WILLIAMSON COMMONWEALTH OF KENTUCKY OPINION AFFIRMING

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

Transcription:

Feb. 10, 1987 They are reached, however, and I concur in the opinion of the court as to the holdings on issues 3, 4, and 5. The passage of time has given rise to an additional prob lem in this ease. Since the matter was submitted for deci sion after oral argument the Trusteeship Agreement was terminated. This presents the court with the question of its own continuing authority. The majority apparently finds such authority. I cannot assume the court has continuing jurisdiction. The matter warrants briefing and argument. TOSHIWO SHIMA, et ai., Appellants NAMO HERMIOS, et ai., Appellees Civil Appeal No. 425 Appellate Division of the High Court Marshall Islands District Dispute over alab and dri ierbal rights on Batio and London wetos, located on the southern half of Wotje Island, Wotje Atoll, Marshall Islands. The Appellate Division of the High Court, Kennedy, Associate Justice, held that trial division's findings that claimant's father informed on the iroij to the Japanese during the Second World War and was stripped of his land rights was not clearly erroneous, and that admission of certain hearsay testimony was not reversible error, and therefore ruling of trial court which rejected claim ant's contentions and determined that alab and dri ierbal rights were held by appellee was affirmed. 1. Appeal and Error-Findings and Conclusions--Tests Trial court's findings of fact will not be overturned on appeal unless they are clearly erroneous. 2. Appeal and Error-Evidence Evidentiary errors are not grounds for disturbing a judgment unless substantial justice will otherwise be undermined. 3. App eal and Error-Findings and Conclusions-Supporting Evidence In a dispute over alab and dri jerbal rights, trial division's findings that claimant's father informed on the iroij to the Japanese during the Sec ond World War and was consequently stripped of his land rights was not clearly erroneous, where such facts appeared to have been widely 602

SHIMA HERMIOS known in the community and were testified to by numerous witnesses, and where claimant's father chose to go to Japan after the war. 4. Marshalls Land Law-"Marlap" Land In a dispute over alab and dri jerbal rights, claimant's contention that land was marlap land and could not be taken away without good reason, even if accepted, was to no avail, since claimant's father's act of betrayal in informing on the iroij to the Japanese during the Second World War supplied a sound and persuasive reason to cut off alab and dri jerbal rights in any event. S. Evidence-Hearsay-Admissibility Hearsay testimony is admissible if it comes within one of the recognized exceptions. 6. Evidence-Hearsay-Admissibility In a dispute over alab and dri jerbal rights, admission of hearsay testi mony about general knowledge in the community with regard to the ownership of the wetos in question, and particularly in regard to whether claimant's father had been dispossessed of these wetos was not reversible error, where such testimony came within two of the recognized exceptions for hearsay testimony. 7. Appeal and Error-Evidence-Admission of Evidence In dispute over alab and dri jerbal rights, the court's admission of a letter to the claimant could not have been prejudicial to him, since claimant's land interests were extinguished by virtue of his father's actions, and it therefore could not be of consequence that such letter was admitted endorsing the interests of a competing claimant. Counsel for Appellant Kaname Yamamura: Counsel for Appellee Hemoj Lajinwa: RUBEN R. ZACKHRAS LANGINMO JACOB Before MUNSON, Chief Justice, KENNEDY\ Associate Justice, and HEFNER2, Associate Justice KENNEDY, Associate Justice This is a dispute over alab and dri jerbal rights on Batio 1 Judge of the United States Court of Appeals, Ninth Circuit, designated as Temporary Associate Justice by Secretary of Interior. 2 Chief Judge of the Commonwealth Trial Court of the Commonwealth of the Northern Mariana Islands, designated as Temporary Associate Justice by Secretary of Interior. 603

and London wetos located on the southern half of Wotje Island, Wotje Atoll, Marshall Islands. The trial division of the High Court rejected the claims of Kaname Yamamura and determined that the alab and dri jerbal rights were held by Hemoj Lajinwa. We affirm. [1, 2] The principal issue on appeal is whether the evi dence is sufficient to support the trial division's finding that the iroij took the land in question away from Kaname Ya mamura's family. Appellant also contends that the trial division erred in certain evidentiary rulings. We will not overturn the trial court's findings of fact unless they are clearly erroneous. Techong Peleliu Club, 7 T.T.R. 364 ( 1976 ). Evidentiary errors are not grounds for disturbing a judgment unless substantial justice will otherwise be undermined. Bina La,joun, 5 T.T.R. 366, 369-70 ( 1971 ). Kaname Yamamura claims alab and dri jerbal rights as the son of Hiroshi Yamamura. All seem to agree that in 1923 Iroij Labureo granted rights in the land to Hiroshi in return for a promise to clear and cultivate the land. The question is whether those rights were taken away for good reason. The trial division found that Hiroshi was accused of informing Japanese authorities that the iroij had frater nized with American scouts while Japan and the United States were at war, and that when the iroij discovered Hiroshi's collaboration and informing, he retaliated by stripping Hiroshi of his land rights. A second reason for taking land away was Hiroshi's failure to make necessary payments to the iroij. Appellant claims the trial court erred in making these findings because there was no evidentiary support and because certain evidentiary rulings were incor rect. We reject the appellant's arguments. [3] The trial division's findings that Hiroshi Yamamura informed on the iroij to the Japanese and was stripped of his rights are not clearly erroneous. These facts appear to 604

SHIMA HERMIOS have been widely knqwn in the cqmmunity. Seven witnesses testified abqut HirQshi Yamamura's betrayal Qf the iroij, and numerous witnesses about his divestment. This testi mony was supported by the facts that HirO'shi Yamamura did nqt stay in the Marshall Islands after the war but in stead chqse to' go' to' Japan, and that Kaname Yamamura has nqt WQrked the land in questiqn. Kaname Yamamura's principal contention, that his father CQuld not have betrayed the iroij because he and his whole family WQuld have been killed for dqing so', does not suffice in the face Qf the evi dence to the cqntrary. [4] Kaname Yamamura's contentiqn that the land was marlap land and could not be taken away withqut gqod rea SQn, see Edwin Thomas, 5 T.T.R. 326, 330 ( 1971 ), is to' no' avail. Even if we found this to' be so', Hiroshi Yama mura's act Qf betrayal supplies a sqund and persuasive reasqn to' cut Qff his alab and dri jerbal rights. [5, 6] The admissiqn of hearsay testimony was not re versible errqr. Hearsay testimqny is admissible if it comes within Qne Qf the recqgnized exceptions. Trust Territory Miller, 5 T.T.R. 193, 199 ( 1972). Here the testimony was about general knqwledge in the community with regard to' the ownership Qf the wetos in questiqn, and particularly with regard to' whether HirO'shi Yamamura had been dispqs sessed Qf thqse wetos. This testimo'ny can be said to' fall within the exception fqr reputatiqn testimony cqncerning persqnal histqry, Fed. R. Evid. 803 ( 19 ), Qr concerning cus tqms affecting lands in the community and events O'f general histqry having an effect in the community, Fed. R. Evid. 803 (20 ). See TTC Rules of Evid. 63 (27). Such testimony can be expected to' be reliable given the traditiqnally inti mate nature Qf the Marshallese community, in which mat ters Qf this sort are commonly known to all. In any event, no substantial injustice was created by the admission Qf this testimqny. 605

[7] Finally, the court's admission of a letter from Iroij N amo Hermios to claimant Hemos Lajinwa, claimed by Kaname to be without proper foundation, could not have been prejudicial. His interest in the alab and dri jerbal rights having been extinguished by virtue of his father's actions, it could not be of consequence to him that a letter was admitted endorsing the interests of a competing claim ant. Accordingly, the judgment of the trial court is affirmed and the distribution of the funds that were awarded pur suant to the provisions of Title II of the Micronesian Claims Act of 1971 and are held in a trust account by the trial divi sion of the High Court shall be made to the appellee in this case. Distribution shall be in accordance with the schedule adopted by order of the trial division on December 14, 1983, Civil Action No. 7-77, Shima, et al Hermios, et al. Spe cifically, the schedule of distribution shall be one-third share for the alab and two-thirds share for the dri jerbal. TOSHIWO SHIMA, et at, Appellants NAMO HERMIOS, et at, Appellees Civil Appeal No. 426 Appellate Division of the High Court Marshall Islands District Appeal from judgment of the trial division determining alab and dri jerbal rights to various wetos on Wotje Atoll. The Appellate Division of the High Court, Kennedy, Associate Justice, affirmed the finding of the trial division that a bwilok had occurred, in which the successor bwij acquired complete jurisdiction over bwij lands, including the wetos at issue. 1. Marshalls Land Law-"Bwilok"-Evidence Trial division's finding that a bwilok occurred was upheld as not clearly erroneous, based on evidence that members of the original bwij left the atoll shortly after the dispute, indicating the consent of the original 606