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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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  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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  10. New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
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