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Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement

Loaded on Sept. 23, 2018 by David Reutter published in Criminal Legal News October, 2018, page 35
Filed under: Criminal Procedure. Location: Hawaii.

by David Reutter

The Supreme Court of Hawaii reversed a DUI conviction because the trial court failed to determine whether the defendant’s “waiver of the right to testify, was voluntarily, intelligently, and knowingly made.”

Before the Supreme Court was the certiorari petition of Ritalynn Moss Celestine. She was arrested on ...

 

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More from this issue:

  1. Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague, by Christopher Zoukis
  2. Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress, by David Reutter
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  8. Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
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  10. New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
  11. Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process, by Derek Gilna
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  14. 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search, by David Reutter
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  18. Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant, by Richard Resch
  19. Federal Judge Extends Stay of Executions in Louisiana, by Betty Nelander
  20. Houston Forces Parolees out of City Under New Rule
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