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Showing posts from July, 2013

Hearsay Statements Contained in Sworn Statements still Unreliable at ADLRO Hearings

McGrail v. Admin. Dir. of Courts (ICA July 18, 2013) Background. Patrick McGrail was arrested for operating a vehicle while under the influence of an intoxicant. In her police report, HPD Officer Jasmine McGuire wrote that she was in her car driving eastbound on Kalakaua Avenue “in the mauka most lane” when she saw a sedan ahead of her with no tail lights. McGuire wrote that the vehicle was “moving unsmooth” and “made a left turn onto Pau Street without signaling.” McGuire followed the sedan onto Pau Street, where it continued “making unsmooth movements while changing lanes[.]” McGuire wrote that she saw the sedan hit a sidewalk with its passenger side tire, but no damages were reported. Then the sedan “jerk[ed] suddenly away from the curb and turn left onto Ala Wai Boulevard” and straight toward another curb. McGuire then conducted a traffic stop.
Officer Marc Cobb-Adams came to the scene. McGuire briefed Cobb-Adams and Cobb-Adams conducted field sobriety maneuvers on McGrail. Cobb-Ada…

Tachibana Colloquy has to be an Actual Colloquy

State v. Han (HSC June 19, 2013) Background. Chong Hung Han was charged with one count of abuse of a family or household member. HRS § 709-906. On the first day of trial, the court held the following exchange with Han without the help of an interpreter:
[Y]ou have a constitutional right to testify in your own defense. You should consult with your lawyer regarding the decision to testify. However, it is ultimately your decision, and no one can prevent you from testifying should you choose to do so. If you decide to testify, the prosecutor will be allowed to cross-examine you based on your direct testimony.             You also have a constitutional right not to testify and to remain silent. If you choose not to testify, the jury will be instructed that it cannot hold your silence against you in deciding your case.             If you have not testified by the end of the trial, I will question you to ensure that it was your decision not to testify.             Do you have any questions about …