Showing posts from May, 2021

Sentencing Court’s Thirteen Consecutive Misdemeanors Unjustified and how to Stip to a Probation Revocation

  State v. Sandoval (HSC May 27, 2021) Background. Manuel Sandoval was charged in three separate criminal cases about repeated violations of an injunction against harassment. He pleaded no contest in two cases totaling eleven counts of violating the injunction and sentenced to probation. While on probation, he was charged with another count of violating an injunction and assault in the 2d degree. After a bench trial, the circuit court—the Hon. Judge Christine Kuriyama—found Sandoval guilty.   Prior to sentencing, the prosecution moved to revoke his probation. At a hearing on the motion, Sandoval’s counsel announced that he would stipulate that the new conviction violated the terms and conditions of his probation. The following exchange took place:   THE COURT: Is he still stipulating to both motions [to revoke]? [DEFENSE COUNSEL]: Yes, Judge, with an explanation, if you would bear with us. THE COURT: Alright. THE DEFENDANT: Yeah. My explanation, I was out for three wee

The Police Care-Taking Function does not Extend Inside the Home

  Caniglia v. Strom (SCOTUS May 17, 2021) Background. Edward Caniglia was arguing with his wife at home in Rhode Island. He took a handgun from the bedroom, put it on the dining room table, and told his wife to “shoot [him] now and get it over with.” She left the house and checked into a hotel. When he did not answer the phone the next day, she called the police to conduct a welfare check at the house. She went home with the police and saw Caniglia was still alive and did not want to go to the hospital for a psychiatric examination. He was eventually coaxed out and made the police promise that they would not take away his guns. After he left the house, the police went inside the residence and confiscated two handguns.   Caniglia sued the police on the grounds that they violated his Fourth Amendment rights. The District Court granted summary judgment for the police and it was affirmed by the United States Court of Appeals First Circuit. The SCOTUS took certiorari.   The Right

Two Notices of Appeal, Lower Court Erred in Fixing Illegal Sentence, and other Oddities

State v. Smith (ICA March 9, 2021) Background. Scott Smith was convicted of assault, terroristic threatening, sexual assault, and kidnapping. The circuit court—Hon. Judge Shackley Raffetto—sentenced him to 45 years of imprisonment in 2002. He appealed and the ICA affirmed. Smith filed a petition to set aside the conviction pursuant to HRPP Rule 40 asserting various constitutional grounds. The petition was denied. Smith appealed that and it was affirmed. In 2015, Smith filed a motion to recalculate the terms of imprisonment pursuant to HRS § 706-668.5(3). The motion was denied without prejudice because of the pending cases on appeal.   Smith filed a second Rule 40 petition in 2017 asserting more grounds to set aside the conviction. The petition was denied without a hearing and he appealed again. The ICA agreed on a single point: that the trial court erred in failing to instruct the jury on merger of kidnapping and assault. It remanded the case directing the prosecution to either