Hawai'i Legal News

  State v. Carter (ICA March 6, 2024) Background. Samuel Carter was indicted for attempted murder in the second degree and firearms offenses. He was held in jail without bail. About four months later, Carter filed a motion for supervised release or, in the alternative, a motion to set bail. Carter argued that there had been no findings supporting the decision to hold him without bail. The prosecution opposed and attached a letter to the Circuit Court noting that there had been no bail report because of the no-bail determination. According to the pretrial services intake center, it would not assess Carter’s eligibility for supervised release unless and until the court sets bail first.   At the hearing on the motion, Carter asked that bail be set at $100,000. The prosecution objected and argued that there was a rebuttable presumption of detention, Carter posed a danger to the community, and there was a flight risk. The prosecution did maintain that even though he could be...

Moana v. Wong (HSC November 21, 2017) Background. This case is comprised of two cases that have been consolidated and address the same procedural issue. First, Si Ufaga Moana was arrested on June 20, 2017 for assault in the second degree. Two days later he was charged by way of a complaint of felony abuse of a household member. That same day, on June 22, Moana appeared in custody before the family court. The family court confirmed bail at $30,000 and set a preliminary hearing for June 26, 2017. On the day of the preliminary hearing, the prosecution moved to continue on the grounds that the complaining witness “absented herself” from the proceedings. The prosecutor represented that the complainant might be on the mainland and may be refusing to come, but was unsure. Moana moved to dismiss the complaint or, in the alternative, moved for supervised release. The prosecution opposed. The family court granted the continuance and denied Moana’s motions. The preliminary hearing had been c...

State v. Henley (HSC December 22, 2015) Background. John Henley was charged with assault in the third degree. HRS § 707-712(1)(a). At trial, the complainant, a 68-year-old security guard, went to check out a party one of the condos at the Colony Surf for a noise complaint. The police showed up and asked him to escort two people off the property, including Henley. The complainant testified that they were rude to him and then Henley head-butted him in the face and punched him when he fell to the ground. As Henley kicked him, he squeezed his testicle to stop him. It worked. Henley ran off into Kapiolani Park and the police apprehended him. An investigating officer testified about Henley’s injuries. The defense called the other guy, Kalanikapu Copp. Copp testified that the complainant got into a fight with Henley and tried to choke him out or put Henley in an arm bar. Henley also took the stand and testified that the security guard attacked him. Neither the prosecution nor Henley ...

State v. Miles (ICA June 23, 2015) Background. Robert Miles was charged with felony offenses. His bail bond company, Exodus Bail Bonds, posted bail on his behalf in the amount of $5,000. Miles pleaded guilty, but did not show up for his sentencing hearing. The circuit court issued a bail forfeiture judgment on October 8, 2012. On November 21, 2012, the prosecuting attorney’s office sent a letter to Exodus notifying it that the bail forfeiture judgment had been filed. Exodus filed a motion to set aside the forfeiture on the grounds that Miles had surrendered. The circuit court wanted more proof of the actual surrendering and denied the motion without prejudice. No additional proof was presented to the court and the motion to set aside remained denied. Exodus appealed. The Prosecutor has Standing to Represent the State at a Bail Forfeiture Hearing. A surety may obtain relief from a bail forfeiture judgment “upon good cause shown why execution should not issue[.]” HRS § 804-51. A...

State v. Diaz (HSC October 18, 2012) Background. Atmarama Diaz was on bail in Hawai'i for felony charges. The circuit court amended the terms of his bail so he could go to California and meet obligations about a pending case over there. At the Honolulu Airport he was arrested for promoting a detrimental drug in the third degree, a misdemeanor. HRS § 712-1249. He posted $1,000 cash bail that day and caught a later flight to California, where he was put in custody pursuant to the terms of that case. Diaz's arraignment for the airport case was before the district court. He did not show up and the district court issued a bench warrant and forfeited the $1,000 bail. He was also charged with criminal contempt of court. HRS § 710-1077. Bail in that case was set at $150. Diaz's lawyer appeared at a later hearing, waived his physical presence, and pleaded not guilty in both cases. Diaz argued that he could not appear at the initial arraignment because he was in custody in Ca...

State v. Kiese (HSC March 29, 2012) Background. Jason Kiese was charged with one count of harassment, a petty misdemeanor. Kiese was accused of slapping his six-year-old son on his face and with a thin bamboo stick on his hands and okole. Before trial, there was a hearing to determine the son's competency. Although he did not speak much, the family court noted interpretations of gestures by defense counsel and the prosecutor. This practice continued at trial. Essentially, the son testified that he misbehaved in school so his father scolded him, spanked him, hit his hands and face, it hurt, and he cried. Police officers testified about taking photographs of red marks on the son. The mother, Kiese's wife, testified about not seeing the incident but that Kiese told her that he had hit their son. Kiese testified in his own defense. The family court rejected the parental discipline defense and found Kiese guilty as charged. The family court sentenced 6 months of probation with t...