Hawai'i Legal News

OVERRULED IN PART  State v. Lafoga (ICA April 27, 2022) A note on the structure of this opinion. Judge Karen Nakasone’s ICA opinion addresses several different issues throughout these cases without a summation of the facts for each issue.   Background. Brandon Fetu Lafoga was indicted with attempted murder in the 2d degree, conspiracy to commit murder in the 2d degree, carrying or using a firearm in the commission of a separate felony, and other counts. Ranier Ines was indicted as an accomplice to attempted murder in the 2d degree, conspiracy to commit murder, and other counts.   At their trials, the complainant, Kele Stout testified. Stout testified that he worked with Ines at a custom countertop company. They were on a job in downtown Honolulu, when they got into an argument. As Stout was driving in a van, Ines pulled out a gun from his backpack and hit him in the head with it. Stout started bleeding. Ines ordered Stout to drive to Waianae. He threatened to sho...

  State v. Man (ICA July 19, 2020) Background. Robert Man was cited by the police for the offense of accidents involving damage to vehicle or property (HRS § 291C-13) and no motor vehicle insurance (HRS § 431:10C-104) on June 2, 2018. On June 7, 2018, the prosecution filed the citation in the District Court with the Hon. Judge Summer Kupau-Odo presiding thereby initiating the proceedings. Man did not appear at the arraignment and the prosecution continued the case twice before it was dismissed without prejudice.   On May 6, 2019, almost a year later, the prosecution filed a complaint averring drunk driving and accidents involving damage to vehicle or property. Man was served with a copy. Man eventually filed a motion to dismiss based on a violation of Hawai'i Rules of Penal Procedure Rule 48 on the grounds that the six-month clock started at the filing of the citation. The District Court granted the motion and dismissed the case with prejudice the prosecution appealed....

State v. Alkire (HSC June 25, 2020) Background. Lisa Alkire was driving her red jeep during the early morning hours in October on the Likelike Highway when she was pulled over the police and arrested for driving under the influence of an intoxicant. She was taken to the Kalihi police station. Five days later, her lawyer faxed a request to preserve various materials to the HPD Central Receiving Division. The letter requested video and audio recordings that may contain evidence of the case. It listed Alkire’s information, date of arrest, citation number, and State ID booking number. The request was also cc’d to the prosecutor’s office. The next day, counsel faxed Central Receiving an addendum that specifically requested to preserve video from the Kalihi police station. That too was cc’d to the prosecutor’s office. Hard copies were mailed to the prosecutor’s office, Central Receiving, and the main HPD Headquarters. Alkire was charged on November 1, 2016. Alkire filed a motion to comp...

State v. Hernane (HSC December 12, 2019) Background. Charly Hernane was indicted for murdering his mother, found guilty by a jury, sentenced to prison for life, and appealed. The ICA vacated the judgment and remanded the case for a new trial. The prosecution applied for a writ of certiorari, but the HSC rejected its application on March 23, 2016. On remand, the circuit court presided by Hon. Judge Rom A. Trader held a pretrial conference in April. Hernane was being held in a private prison in Arizona. At another pretrial conference on May 3, 2016, Hernane was still not present and counsel informed the court that he was still in Arizona. The prosecution informed the circuit court that it requested the Department of Public Safety to transport Hernane back to Honolulu, but that would not happen until July. Over Hernane’s objection, the circuit court set trial to begin on August 1, 2016. Hernane came back to Hawaii on July 19, 2016—118 days after the prosecution’s writ of certiora...

State v. Carlton (HSC November 25, 2019) Background. Brok Carlton was charged with kidnapping, robbery in the first degree, assault in the second degree, and unauthorized control of a propelled vehicle. He went to trial and lost. The Honorable Judge Rhonda Loo of the circuit court sentenced him to 50 years imprisonment. Carlton appealed to the ICA. The ICA vacated the judgment on the grounds that the jury was not properly instructed on the law of merger for the kidnapping, robbery, and assault charges. The ICA affirmed the UCPV count, but remanded the case back to the circuit court and ordered the prosecution to either retry Carlton on the other three counts or dismiss two of the three and have the circuit court reinstate the conviction and resentence of Carlton. The judgment on appeal was entered on June 27, 2016. The prosecution took no action until a hearing was held on January 11, 2017. At that hearing the prosecutor informed the court for the first time that it was going t...

State v. Visintin (ICA February 20, 2018) Background. Shawn Visintin was charged with place to keep a pistol or revolver. He was initially arrested on the charge and on the same day posted a bond for bail. He was issued a bond receipt and a notice to appear in the circuit court. No charges were filed against him. On the date of his scheduled appearance, Visintin did not appear and no charges were initiated against him. The bond was discharged. Visintin went home to Montana. Eight months later, the prosecution indicted him of the charge and a warrant was issued for his arrest. Visintin returned from Montana, pleaded not guilty, and filed a motion to suppress the evidence and a motion to dismiss the charges for violating his right to a speedy trial and HRPP Rule 48. At the hearing on the motion to suppress, Officer Brian Silva was on duty travelling on Kuhio Highway on Kauai in Kawaihau District. He testified that there had been “a lot of calls of burglaries and criminal activit...