Showing posts from January, 2021

Counsel Can’t Downplay the Severity of an Aggravated Felony Conviction

  Araiza v. State (HSC January 26, 2021) Background. Edelmira Salayes Araiza, a citizen of Mexico and lawful permanent resident in the United States, was charged with theft by deception in the first degree after living in Hawai'i for decades. At her arraignment, the circuit court—the Hon. Judge Rhonda I. L. Loo presided—warned Araiza pursuant to HRS § 802E-4 that the case could have “severe and irreversible consequences, including immediate detention, deportation or exclusion from admission or denial [of] naturalization to the United States. Your attorney must advise you regarding the possible consequences this case may have on your immigration status.”   Months later she pleaded no contest and moved for a deferred acceptance of her plea. In her change-of-plea form, Araiza and her attorney certified that the document had be read to her and explained or interpreted to her. The form also included an advisement that pleading no contest may result in deportation, detention, and

ICA Upholds Authorization of Maui and HNL Officers Deployed to Big Island TMT Protest

  Flores v. Ballard (ICA January 27, 2021) Background. In 2017, the Board of Land and Natural Resources approved of the building of a thirty-meter telescope near the summit of Mauna Kea on the Big Island. Construction was delayed for several years due to protests and objections. In 2019, protestors assembled at the road near the summit. They blocked access to physically prevent construction of the telescope. The size of the protest strained resources for the Hawai'i County Police Department. The chief of police on the Big Island asked the Honolulu police chief Susan Ballard and Maui Police Department chief Tivoli Faaumu to support operations in dealing with the protestors.   Officers from Maui County and the City and County of Honolulu went to the Big Island. The next day, Kalani Flores filed a complaint seeking declaratory relief challenging the authority to use police officers from other counties. Chief Ballard and Chief Faaumu filed a motion to dismiss the complaint. The

HSC Vacates Conviction that Might be Based on the Imaginary Offense of Attempted Manslaughter

  Stanley v. State (HSC January 5, 2021) Background. In 1988, Edward Stanley was involved with the police in a shootout with the police and others. He was indicted with four counts of attempted murder in the first degree and one count of attempted murder in the second degree. At trial, the judge acquitted Stanley of one of the attempted murder in the first degree counts and allowed the rest to go to the jury for consideration.   In the trial court’s instructions to the jury, the court explained that if they could not find that attempted murder in the first or second degree was proven beyond a reasonable doubt, the jurors had to consider the included offense of attempted manslaughter. The court instructed that attempted manslaughter is the attempt to “recklessly cause the death of another person.” The court in the same jury instruction also explained that is a defense to murder of either degree that “reduces the offense to attempted manslaughter” when the defendant was “under the