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Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days
by Dale Chappell
There is a “strong presumption” a defendant held in custody beyond two days without a preliminary hearing (or other method to show probable cause), absent “compelling circumstances,” must be released, the Hawaii Supreme Court held on November 21, 2017.
When Si Ufaga Moana and …
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More from this issue:
- Civil Asset Forfeiture: Unfair, Unjust, Un-American, by Christopher Zoukis
- News in Brief
- Driver’s License Required for Conviction as Florida Habitual Traffic Offender, by David Reutter
- DNA Sketches Answer Prayers, Raise Concerns, by Dale Chappell
- Research Needed: Do Drug Dogs Respond to Drugs or Handler?, by Christopher Zoukis
- Questioning the Use of DNA Testing Software in Criminal Prosecution, by Christopher Zoukis
- Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation, by Dale Chappell
- Texas Court of Criminal Appeals: Right to Appeal Judge’s Questioning Not Forfeited by Failure to Object, by Dale Chappell
- Washington Court of Appeals Reverses Murder Conviction Due to Prejudicial PowerPoint, by Richard Resch
- Louisiana Indigent Defendants Face Death Penalty Without Lawyers, by Christopher Zoukis
- Two-Party Consent Law Forces Dismissal of 61 Cases in Washington Sting
- Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts, by Christopher Zoukis
- Few Indigent Defendants Have Lawyer at Arraignment, by Mark Wilson
- Ohio Supreme Court: Courts Can Seal Case Records Prior to Expiration of Statute of Limitations, by Dale Chappell
- Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention, by Dale Chappell
- CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, by Richard Resch
- California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony, by Dale Chappell
- Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated, by David Reutter
- Georgia Supreme Court Instructs Federal Courts on Its Habeas Review Process, by Richard Resch
- Houston Police End Use of Error-Prone Drug Field Tests, by Matthew Clarke
- After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned, by Christopher Zoukis
- First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction, by Dale Chappell
- New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released
- Use of Sentencing Mitigation Videos Grows, by Derek Gilna
- DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, by Mark Wilson
- Curb False Confessions: Provide Suspects With Lawyers, by Derek Gilna
- Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution, by Dale Chappell
- Mississippi Capital Murder Conviction Reversed Due to Prosecutorial Misconduct, by Christopher Zoukis
- Court of Criminal Appeals of Texas: Holds Trial Objection Enough to Preserve Issue for Appeal, by Dale Chappell
- $2 Million to Disabled Syracuse Man Tased by Cops, by Dale Chappell
- Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days, by Dale Chappell
- Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief, by Christopher Zoukis
- Jury Nullification: A Crucial Check on Government Power, by Christopher Zoukis
- U.S. Murder Clearance Rates Among Lowest in the World, by Matthew Clarke
- California Legalization of Marijuana Allows Convicted to Petition, by Derek Gilna
- Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision
- California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify, by Dale Chappell
- Massachusetts Supreme Court: Permanent Ban on Sealing Record of Sex Offender Unconstitutional, by Dale Chappell
- Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes, by Christopher Zoukis
- Iowa Supreme Court: Search of Third-Party at Premises Subject to Warrant Violates State Constitution, by Richard Resch
- Survival Tip: Don’t Call Cops If You’re Disabled, by Dale Chappell
- San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64
- Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use, by Christopher Zoukis
- Unjust Sexual Offense Laws: Insanity and Hope, by Ken Abraham, Brenda Jones
- Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case, by Mark Wilson
- Ninth Circuit Warns Prosecutors Against Interfering With Defendants’ Legal Representation; Reverses First-Degree Murder Convictions, by Richard Resch
- $5.5 Million Verdict Against LAPD for Taser Death of Former Marine, by Derek Gilna
- Overworked Missouri Public Defenders Fear Suspensions and Firing, by Mark Wilson
- Prosecutor’s “Animosity” Toward Defense Leads Oregon Appeals Court to Vacate Convictions, by Mark Wilson
- $9.5M Settlement Approved by Chicago City Council for Yet Another Excessive Force Case, by Derek Gilna
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Louisiana Supreme Court Declares Unconstitutional Statute Stripping Courts of Authority to Order Payment of Indigent Defense Expert Funds, Holding the Law Infringes on Judiciary’s Constitutionally Granted Jurisdiction Over Felony Cases, July 1, 2026. Indigent Defense, Constitution, state, Discretionary/Inherent Powers, Indigent Defendants - Fees and Expenses, Authority and Jurisdiction.
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, Dec. 15, 2025. Public Defenders, Indigent Defense, Ineffective Assistance of Counsel, Statutory Construction/Interpretation, Strickland Standard.
- Oklahoma Prisoner Found Unconscious in Cell Hours After Avoiding Execution, Dec. 1, 2025. Public Defenders, Pardons/Clemency, Life without Parole (LWOP), Death Penalty, Effective Assistance of Counsel.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- Indiana Supreme Court Announces Whether Defendant’s Actions Were “Objectively Reasonable” Justifying Self-Defense Can Be Considered in Hindsight, Sept. 15, 2025. U.S. Sentencing Guidelines, Criminal Procedure, Appealable Issues/Orders.
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025. Retroactivity, Criminal Procedure, Federal Rules of Criminal Procedure, Eyewitness Identification.
- Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, Dec. 1, 2024. Appointment of Counsel, Indigent Defense, Indigent Defendants - Fees and Expenses.
- Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended, Feb. 15, 2024. Public Defenders, Strickland Standard, Per se ineffectiveness.
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
