Hawai'i Legal News

  Warner v. State (HSC September 20, 2022).  Background. Luke Warner was indicted with four counts of attempted theft in the 2d degree, three counts of meth trafficking, and seven other offenses for a total of fourteen counts. He pleaded guilty to meth trafficking in the second degree and the other counts. During the colloquy between Warner and the circuit court (the Hon. Judge Karen Ahn presided), the circuit court went over the possibility of “authorized fines” but did not specify or inform Warner about court fees and other monetary assessments. The guilty plea was accepted and he was sentenced to a total of 10 years imprisonment. The circuit court did not impose a fine, but levied fees: a $1,420 crime victim compensation fee, $1,420 drug demand reduction assessment, $7,500 methamphetamine trafficking restitution and reimbursement, and a fee of up to $500 for a DNA analysis. The sentencing court made no finding that Warner could afford to pay any of these fees at the time o...

  State v. Obrero (HSC September 8, 2022) Background. The prosecution filed six complaints against Richard Obrero including murder in the second degree. Two days later, the prosecution presented evidence before the Grand Jury and a no bill was returned. In other words, there was no probable cause to bring the indictment. Hours later, the prosecution went ahead with the preliminary hearing on the same case with the same facts and this time a judge found probable cause in the district court. Obrero pleaded not guilty at the arraignment and years later moved to dismiss the case on the grounds that no indictment was found in violation of HRS § 801-1. The motion was denied. Obrero appealed and then moved to transfer the case to the HSC.   The statutory right to be indicted. Obrero argues that without an indictment, the prosecution violated HRS § 801-1:   No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless ...