Hawai'i Legal News

  State v. Pickell (HSC December 26, 2023) Background. Michael Pickell was charged with operating a vehicle while under the influence of an intoxicant. He filed a motion to suppress evidence challenging the basis for the traffic stop.   At the hearing, Officer Raul Mehra testified that he was on duty in Kihei one night when he saw Pickell in the left-turn-only lane with his left-turn signal on at the intersection of Pi‘ilani Highway and Ohukai Road. In Pickell’s lane was a left-turn-only sign and a left directional arrow. Next to the traffic light there was a gin that indicated left-turn only. When Pickell’s light turned green, he made a U-turn instead of turning left onto Ohukai Road. The turn required Pickell to drive across double solid yellow lines and a dashed white line. Officer Mehra initiated a traffic stop. Pickell said he was going home but later said he was going to Safeway. He also said he thought he could make a lawful U-turn because he was from California ...

  State v. Banares (ICA October 16, 2023) Background. Joven Joseph Banares was charged with promoting a dangerous drug in the third degree, pleaded no contest, and was sentenced to four years of probation. Probation started in May 2016. A little more than a year into his probationary term, the prosecution filed a motion to revoke probation and to resentence him to imprisonment based on alleged violations of the terms and conditions of probation. To bring Banares into court, the court issued a warrant for his arrest on February 7, 2017. The warrant was not served until January 17, 2022.   Banares moved to dismiss on the grounds that the delay in serving the warrant violated Hawai'i Rules of Penal Procedure Rule 9. Banares also argued that upon dismissal, his time on probation would have run because it has not been tolled. The prosecution agreed that there was no effort to serve the warrant and agreed that there was a Rule 9 violation. It did object to tolling the time. T...

  State v. Bautista (HSC September 13, 2023) Background. The prosecution filed a complaint in the district court alleging seven crimes of violence against Rommel Bautista, including attempted murder in the second degree. All of the charges stemmed from an incident that occurred between Bautista and his wife in their home in Kahului. The district court held a preliminary hearing and found probable cause supported every count. The district court confirmed bail and committed the case to the circuit court.   The prosecution did not file a complaint in the circuit court. At the arraignment, Bautista pleaded not guilty. Five months later, the parties reached an agreement. Bautista pleaded no contest to three class C felonies: assault in the second degree, terroristic threatening in the first degree, and abuse of a family or household member in the presence of a minor. All other counts—including the attempted murder and assault in the first degree—were dismissed. There were no...

Counterman v. Colorado (SCOTUS June 27, 2023) Background. Billy Counterman was charged by Colorado prosecutors for harassment and stalking. For two years, Billy Counterman sent a local musician hundreds of messages on Facebook. Messages started with “A fine display with your partner” and a “couple physical sightings” were sent to her. She never responded. The messages took a turn: “Fuck off permanently.” “Staying in cyber life is going to kill you.” “You’re not being good for human relations. Die.”   The musician got scared and believed her life was in danger. She went to the authorities. Colorado has a statute criminalizing repeated communications “that would cause a reasonable person to suffer serious emotional distress and does cause that person . . . to suffer serious emotional distress.” Colo. Rev. Stat. § 18-3-602(1)(c). Counterman moved to dismiss on the grounds that it was not a true threat under the First Amendment. Counterman challenged the objective “reasonable pe...

  State v. Ibarra (HSC March 15, 2023) Background. Paola Ibarra was charged with sex trafficking and kidnapping with a male co-defendant Gustavo Ferreira. At trial, Ibarra and the complainant testified they flew from Oakland, California to Honolulu on Halloween. He paid for their airfare and hotel in Waikiki. The complainant testified that they were going there for her to “strip and dance” and that she was going to repay Ibarra for the airfare and hotel as she made money in Hawai'i. Ibarra called it a “paycation,” in which they were getting paid while being on vacation. The complainant’s friend, Samantha King, testified that the complainant was “fully” aware she was going to Hawai'i to engage in prostitution in addition to stripping and dancing.   They get to Hawai'i and Ibarra puts out prostitution advertisements for the complainant on the website Backpage. He posted photographs of the complainant. The complainant testified she brought two cell phones and set her ow...

  State v. Vaden (HSC March 15, 2023) Background. Jonathan Vaden was on probation when he was prosecuted for five separate criminal cases alleging various drug and property offenses. After spending several months in jail, Vaden pleaded no contest to every offense except for a class A drug offense. The parties waived a presentence (PSI) report and the circuit court of the second circuit—with the Honorable Judge Richard T. Bissen, Jr. presiding—did not order one. Vaden was sentenced to four years probation in each case with the condition that he complete the Maui Drug Court Program. He petitioned into the program by having his probation revoked and resentenced to a new term of probation.   He was ultimately terminated from the program. His probation was revoked and he was resentenced to prison. He was sentenced to 5 years prison for the felonies, 1 year for the misdemeanors, and 30 days for the petty misdemeanors in the four unrelated cases. Those counts and cases ran con...