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Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea

Article • October 15, 2021 • from CLN November, 2021

Filed under: Grounds For Withdrawal

Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea by David Reutter by David M. Reutter The Supreme Court of Hawaii held that a trial court abused its discretion in denying a defendant’s motion to withdraw his no contest plea before sentencing. …

Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’

Article • September 15, 2021 • from CLN October, 2021

Filed under: Aggravated Felonies, Knowingly and Voluntarily Made

Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’ by David Reutter by David M. Reutter THe Supreme Court of Hawaii held where defendant was precluded from discretionary relief from deportation as result of her …

News in Brief

Article • August 15, 2021 • from CLN September, 2021

Filed under: News in Brief

News in Brief by California: Five Southern California cops were placed on leave in June 2021 after a video surfaced showing them attacking suspects, according to reports by the Washington Post. On June 10, 2021, four Glendale police officers went on paid leave while an investigation was opened into their response to …

Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners

Article • June 15, 2021 • from CLN July, 2021

Filed under: Guideline Policy Statements/Commentary, Compassionate Release

Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners by Dale Chappell by Dale Chappell Joining five other circuits, the U.S. Court of Appeals for the Ninth Circuit held on April 8, 2021, that U.S. Sentencing Guidelines Manual § 1B1.13 does …

Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies

Article • March 15, 2021 • from CLN April, 2021

Filed under: Mental Health, Antipsychotic Drugs

Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies by Matthew Clarke by Matt Clarke The Supreme Court of Hawai’i (SCH) held that a trial court erred when it ruled that the HRS § 702-230(1) prohibition against self-induced intoxication as a defense barred a …

Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry

Article • December 15, 2020 • from CLN January, 2021

Filed under: Probable/Proximate Cause, Unlawful Entry/Conduct

Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that a search of a residence was unreasonable where officers knocked and announced their presence four times within …

Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa

Article • November 15, 2020 • from CLN December, 2020

Filed under: Evidence - Admissibility

Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa by Douglas Ankney   by Douglas Ankney The Supreme Court of Hawai’i announced that the standard for admission of third-party culpability evidence is the same as the relevancy test that …

Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura

Article • August 15, 2020 • from CLN September, 2020

Filed under: Evidentiary Ruling, Opinions and Expert Testimony

Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura by Douglas Ankney by Douglas Ankney On June 30, 2020, the Supreme Court of Hawai’i announced that, going forward, police officers are not permitted to testify in expert or lay capacity that a driver appeared …

Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence

Article • August 15, 2020 • from CLN September, 2020

Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence by Dale Chappell by Dale Chappell The Supreme Court of Hawai’i held on June 9, 2020, that a dog sniff search based on reasons unrelated to the original purpose of a proper traffic stop was an …

Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense

Article • August 15, 2020 • from CLN September, 2020

Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i announced that, going forward, trial courts have a duty to obtain a knowing and voluntary waiver of the penal-responsibility defense. In June …

Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent

Article • August 15, 2020 • from CLN September, 2020

Filed under: Right To Remain Silent, Video Recordings

Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that showing a video to the jury of a defendant declining an officer’s request to reenact the crime violated …

Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing

Article • June 15, 2020 • from CLN July, 2020

Filed under: Resentencing, Drug Laws/Offenses

Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing by Dale Chappell by Dale Chappell Courts often look to Congress when interpreting the meaning of a law. They look at Congress’ intent behind the law and any statements made by legislators in …

Hawaii Lawmakers Propose Transparency from Prosecutors

Article • April 15, 2020 • from CLN May, 2020

Filed under: Racial Discrimination, Prosecutors, Plea Bargaining

Hawaii Lawmakers Propose Transparency from Prosecutors by David Reutter by David M. Reutter Prosecutors are the “most powerful actors in the criminal justice system” proclaims Hawaii House Bill 2749. That bill would follow the lead of Florida, Colorado, and Arizona in increasing transparency into court proceedings. A Texas A&M Law …

Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i

Article • February 18, 2020 • from CLN March, 2020

Filed under: Trials

Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i by Anthony Accurso by Anthony Accurso The Supreme Court of Hawai’i held that a defendant’s time spent in the custody of the State, though he was in a mainland prison in Arizona, did not make …

Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings

Article • February 18, 2020 • from CLN March, 2020

Filed under: Search warrants

Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i agreed with a circuit court’s finding that a search warrant failed to satisfy the particularity requirement of article I, § 7 of the Hawai’i …

Hawai’i Supreme Court Announces Degree of ‘Restraint’ Necessary to Support Kidnapping Conviction

Article • February 18, 2020 • from CLN March, 2020

Hawai’i Supreme Court Announces Degree of ‘Restraint’ Necessary to Support Kidnapping Conviction by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that the restraint necessary to support a kidnapping conviction under Hawai’i Revised Statutes (“HRS”) § 707-720(1)(d) must be restraint that is “in excess of any restraint …

Supreme Court of Hawai’i Rules Presenting Falsified Polygraph Results Is Coercive Per Se

Article • December 18, 2019 • from CLN January, 2020

Filed under: Misconduct/Corruption

Supreme Court of Hawai’i Rules Presenting Falsified Polygraph Results Is Coercive Per Se by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i ruled that when police communicate a deliberate falsehood about the results of a polygraph test during interrogation the falsehood is an extrinsic falsehood that is coercive …

Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases

Article • December 17, 2019 • from CLN January, 2020

Filed under: Juries, Witnesses

Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases by Dale Chappell by Dale Chappell The Supreme Court of Hawai’i held on October 1, 2019, that when a judge assesses the admissibility of an eyewitness’ identification of a defendant, not …

Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences

Article • July 17, 2019 • from CLN August, 2019

Filed under: Sentencing

Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i remanded for resentencing in a case where the circuit court based the sentence, in part, on the defendant’s refusal to …

Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal

Article • June 17, 2019 • from CLN July, 2019

Filed under: Misconduct/Corruption, Prosecutor/Attorney General Misconduct

Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i reversed the murder conviction of Iosefa Meafua Pasene due to the cumulative effect of multiple instances of prosecutorial misconduct. In the early morning hours of March …