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Showing posts from September, 2024

From leading questions to closing argument: a steady drip of prosecutorial misconduct

  State v. Cardona (HSC September 20, 2024) Background. Oscar Cardona was indicted with murder in the second degree. Before trial, he notified the court and the prosecution that he suffers from an eye disease called myopic degeneration, has extremely blurred vision, and wears glasses. At the time of the incident, his glasses were damaged and had been he could not see. The circuit court—with the Honorable Judge Kevin Morikone presiding—ruled that Cardona could present the evidence at trial.   At trial, the prosecution presented evidence that one summer’s night in Waikiki, Elijah Horn was talking to some women when Elian Delacerda and Osvaldo Castaneda-Pena approached them. The men got vulgar and aggressive. Horn got scared and called Cardona to come help because he was like a father figure to him. Cardona showed up and pulled out a gold knife. Cardona and Horn told Delacerda and Castaneda-Pena to leave.   Delacerda and Castaneda-Pena attacked Horn. Horn hit Cast...

ICA: poor people outside the circuit of their trial either appear in chains and in custody or pay their own way

  State v. Campbell (ICA September 19, 2024) Background. Corey Campbell was charged with assaulting a police officer in the first degree and two petty misdemeanors while she was on vacation from Massachusetts. She was arrested and detained because she could not afford to bail out. The court let her out on conditions of release and allowed her to “fly back home to Massachusetts and live in Massachusetts.” She went home. She made eleven appearances in court by zoom. Trial was not set for more than a year after the charges were brought.   In advance of her trial date, her court-appointed counsel (the public defender withdrew based on irreconcilable differences), filed a motion for the court to pay the expenses of returning to Hawai'i to attend her trial. The requested costs included airfare, lodging, and transportation. The court—with the Honorable Judge Kirstin M. Hamman—granted the motion and approved the order. Weeks later, it rescinded the order on the grounds that it ...