Hawai'i Legal News

  State v. Carter (ICA March 6, 2024) Background. Samuel Carter was indicted for attempted murder in the second degree and firearms offenses. He was held in jail without bail. About four months later, Carter filed a motion for supervised release or, in the alternative, a motion to set bail. Carter argued that there had been no findings supporting the decision to hold him without bail. The prosecution opposed and attached a letter to the Circuit Court noting that there had been no bail report because of the no-bail determination. According to the pretrial services intake center, it would not assess Carter’s eligibility for supervised release unless and until the court sets bail first.   At the hearing on the motion, Carter asked that bail be set at $100,000. The prosecution objected and argued that there was a rebuttable presumption of detention, Carter posed a danger to the community, and there was a flight risk. The prosecution did maintain that even though he could be held wit

  State v. James (HSC January 3, 2024) Background. After interviewing a complaining witness, detectives at the Kauai Police Department suspected Dylan James committed sexual assault. The police had the CW contact James to talk about it. The CW tried calling twice and James did not pick up. Then the CW texted him. In the text messages, James admitted to having “rough” sex and texted that “when you were screaming and crawling away from the lifeguard tower . . . couldn[‘]t tell if you were serious[.]” James was indicted with five counts of sexual assault in the first degree.   James filed a motion to suppress his statements in the text messages on the grounds that the police used the CW as an agent and failed to apprise James of his constitutional right to remain silent and his right to counsel. The circuit court, with the Hon. Judge Randal Valenciano presiding, granted the motion. The circuit court found that James was “in custody” for Miranda purposes because probable cause had d

  State v. Sylva (HSC December 29, 2023) Background. Kumulipo Sylva was indicted for murder in the second degree after he was arrested for killing Eduardo Cerezo in the bathroom of the Queen Kaahumanu Shopping Center. Sylva raised the insanity defense and three examiners were appointed to determine penal responsibility. All three concluded that Sylva suffered from a physical or mental disease, disorder, or defect. Two out of the three believed he lacked capacity under the insanity defense was not criminally responsible.   At trial, the prosecution presented evidence that Cerezo and Kyle Keoho got on the bus in Pukalani when they saw Sylva on the bus. Cerezo called Sylva a “pussy” and threatened to beat him up. When the bus got to the shopping center, the three of them got off and Sylva challenged Cerezo to a fight. Cerezo said he did not want to fight and Sylva walked away from them.   Cerezo and Keoho went to the bathroom together. Sylva also went into the bathroom with a ca