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No. SCWC-25-0000006, Tuesday, July 14, 2026, 2 p.m.
STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee/Cross-Appellant, vs. ALVIN TRAN, Petitioner/Defendant-Appellant/Cross-Appellee.
The above-captioned case has been set for oral argument on the merits at:
Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813
The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/, subject to ‘Ōlelo’s programming availability.
Attorney for Petitioner/Defendant-Appellant/Cross-Appellee ALVIN TRAN:
Thomas M. Otake of Alapa & Otake, LLLC
Attorney for Respondent/Plaintiff-Appellee/Cross-Appellant:
STATE OF HAWAI‘I:
Daniel A.J. Hugo, Deputy Prosecuting Attorney
NOTE: Certificate of Recusal, by Associate Justice Vladimir P. Devens, filed 03/06/26.
NOTE: Order assigning Circuit Judge Kevin A.K. Souza, in place of Devens, J., recused and Circuit Judge John M. Tonaki, due to a vacancy, filed 03/30/26.
NOTE: Order accepting Application for Writ of Certiorari, filed 05/06/26.
NOTE: Previous Memo of Setting is amended for the purpose of adding:
-Order granting motion to continue oral from 06/09/26 to 07/14/26 at 2:00 PM, filed on 05/13/26.
COURT: McKenna, Acting C.J., Eddins, and Ginoza, JJ., Circuit Judge Souza, in place of Devens, C.J., recused, and Circuit Judge Tonaki assigned by reason of vacancy.
Brief Description:
Alvin Tran was charged with Hawaiʻi Revised Statutes (HRS) § 707-733.6 continuous sexual assault of a minor under the age of fourteen. The minor girl alleged that he repeatedly sexually assaulted her when she was between the ages of eight and twelve. The assaults occurred when the girl slept over at Tran’s home with his children.
In its jury instruction, the court did not include a state of mind requirement as to the girl’s age. It provided mens rea requirements as to the offense’s other elements. The jury convicted Tran as charged.
The Intermediate Court of Appeals (ICA) affirmed the conviction. It concluded that per State v. Buch, 83 Hawaiʻi 308, 926 P.2d 599 (1996), HRS § 707-733.6 “does not require the State to prove that Tran knew [the complaining witness] was under the age of fourteen.”
Tran appealed. This court accepted cert as to whether the State must prove a state of mind as to age in order to prove a violation of HRS § 707-733.6.