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Showing posts from October, 2016

Failing to Check-in is not “Custody” and is not Escape

State v. Paris (HSC August 8, 2016) Background. Eugene Paris had been sentenced and at some point entered into a work furlough agreement. Under the terms of the agreement, Paris would be released from jail or prison and subject to certain conditions. The terms identified his furlough home in Wahiawa and required Paris to make frequent check-ins. Failure to comply with the check-in is deemed an “administrative” escape and makes no reference to criminal liability. Paris was later charged with Escape in the Second Degree in violation of HRS § 710-1021. Paris moved to dismiss the charge on the grounds that the failure to include the statutory definition of the term “custody” rendered the pleading deficient. The motion was denied. At trial, the prosecution presented a theory that work furlough was a form of “custody” and that Paris’s failure to comply by not checking in was a form of escape. Paris was found guilty. The ICA affirmed.
Insufficient Charging Instrument . . . “In all criminal pro…

It’s not a Search when you Invite the Cops into your Garage

State v. Phillips (HSC September 30, 2016) Background. Lincoln Phillips was convicted of attempted murder in the second degree. Phillips called the police to his home early one morning and reported that he came home to find his wife suffering from injuries and trauma to her head. Phillips told the police that he did not know the identity of the person who did it. Firefighters and police found Phillips frantic and sweating. He was pacing inside and outside the house by the driveway. As the police investigated, they discovered a hammer on top of a cooler in the garage. The hammer might have had a spot of blood on it. At one point an officer blew his nose and threw a napkin away in the trashcan within Phillips’ home. He opened the trashcan and saw clothes rolled up in it. He did nothing and covered it back up. Phillips was taken to the station to give a statement to a detective. Police officers later obtained a search warrant and searched the home and Phillips’ car. They took the hammer a…

Waiving your Rights has Never been this Tough

State v. Krstoth (HSC August 9, 2016) Background. Takson Krstoth pleaded guilty to murder in the second degree. At the change-of-plea hearing, Krstoth appeared with a Chuukese interpreter. A colloquy between Krstoth and the court revealed that Krstoth was 22 years old with a tenth-grade education. He did not read or write in the English language. The circuit court accepted the plea and set the case for sentencing. Before sentencing, the court received a letter written by someone else and purportedly signed by Krstoth. The letter stated that he entered the plea agreement because he had been frightened terribly by his defense counsel. After the letter, Krstoth’s counsel moved to withdraw as counsel and a new lawyer was appointed. Krstoth then filed a motion to withdraw the guilty plea on the grounds that the interpreter was not informing Krstoth of what was being said and was simply telling him to “say yes” and “say no.” Krstoth also argued that he did not authorize his initial lawyer to…