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Showing posts from June, 2015

The Right to Counsel of Choice is Strong Enough to Outweigh a Jury that’s Ready to Go.

State v. Reed (HSC June 17, 2015) Background. Ikaika Reed was charged with assault in the first degree. The allegation stems from an incident at the Waianae Boat Harbor, where during the early morning hours, Reed punched a guy in the face while holding the knife and caused a laceration across the guy’s face from “the tip of his ear to the tip of his nose.” If convicted, he was looking at a ten-year prison term with a mandatory minimum of three years and four months.
Shortly after his arraignment, the Office of the Public Defender was appointed to represent him. Twenty-seven days after the appointment, the public defender moved to continue trial because he had not received a copy of the grand jury proceedings. Trial was continued. About a week before trial, Reed moved to continue again. The motion was continued briefly. Five days before the trial date, Reed told the court that he was looking for retained counsel and requested more time. The prosecution did not object, but the circuit cou…

Sending a Letter Bound for the HPA is not “Remaining Silent” at the HPA.

State v. Garcia (HSC June 15, 2015) Background. Eddie Garcia was charged with one count of continuous sexual assault of a minor under the age of fourteen years, a Class A felony, and one count of abuse of family household member. He pleaded not guilty and prepared for trial. After the pre-trial voluntariness hearing, Mr. Garcia reached a plea agreement with the prosecution. Mr. Garcia agreed to plead no contest to both counts and agree to 20 years prison concurrent (he wouldn’t have to do 21 years). The prosecution agreed to “remain silent at the minimum term hearing” in front of the Hawaii Paroling Authority.
Before sentencing, Garcia’s family and friends submitted to the pre-sentence investigator letters of support of him. His daughter also wrote a letter asking the Court to lessen his sentence because her mother was struggling without him. The prosecution also submitted a letter and three exhibits. The letter pointed out “some aggravating factors” even though it simultaneously recogn…

Huge Landowners Can’t have a 1,000-Acre “Residence, Including Yard.”

State v. Guyton (HSC June 8, 2015) Background. John Varel got a restraining order and later an injunction against Evans Guyton. The order prohibited Guyton from “[e]ntering or visiting [Varel’s] residence, including yard and garage.” Varel lives on a 1,000-acre property out in Waihee on Maui.  Guyton was later charged with violating a restraining order or injunction. HRS § 604-10.5(h). Specifically, the complaint alleged that Guyton of “entering and/or visiting the premises including yard and garage of the residence, and/or place of employment.”
At his trial, Varel described his vast property, including a macadamia nut farm, conservation lands, and his residence. The property starts at the highway and goes all the way up the mountains to the watershed. He testified that he never gave anyone permission to dirt bike on the property. Todd Arnold testified that he was hiking on the Varel property when he saw Guyton riding his dirt bike with others along the ridges near the outer parts of th…