Hawai'i Legal News

  State v. Yuen (HSC August 20, 2024) Background. Charles Tung Ming Yuen was charged with driving under the influence of an intoxicant. The charge arose from a motor vehicle collision that occurred approximately fifty feet from the O’Malley Gate just outside of the Joint Base Pearl Harbor-Hickam in Honolulu. Two vehicles were approaching the gate when one of the vehicle rear-ended the one in front of it. Military police came onto the scene and identified Yuen as the driver of the vehicle that cause the collision. They seized him and subjected him to standardized field sobriety tests. Then they held him and called the Honolulu Police Department to report a “possible DUI outside the gate.”   The collision, seizure of Yuen, and their investigation occurred outside of the base within the City and County of Honolulu. The police showed up and took over. They conducted their investigation, saw signs of intoxication, and arrested Yuen.   Yuen’s lawyer, Barry Sooalo, di...

  Suitt v. State (HSC November 22, 2022) Background. Bryan Suitt pleaded no contest to murder in the second degree and was sentenced to life in prison with the possibility of parole. The Hawai'i Paroling Authority set his minimum term at 45 years. He did not appeal the conviction. He filed a petition to set aside the conviction pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 40 and updated it three times for a total of 45 claims, including a claim of ineffective assistance of counsel and due process violations at the HPA minimum term hearing.   The circuit court, with the Hon. Judge Karen T. Nakasone presiding, found most of the claims patently frivolous and dismissed them without a hearing. It did set an evidentiary hearing on the claims relating to the HPA and appointed counsel.   On April 13, 2020, the circuit court amended its order to address more claims added by Suitt. It denied the new claims and in a footnote stated that if the HPA held a new m...

  Araiza v. State (HSC January 26, 2021) Background. Edelmira Salayes Araiza, a citizen of Mexico and lawful permanent resident in the United States, was charged with theft by deception in the first degree after living in Hawai'i for decades. At her arraignment, the circuit court—the Hon. Judge Rhonda I. L. Loo presided—warned Araiza pursuant to HRS § 802E-4 that the case could have “severe and irreversible consequences, including immediate detention, deportation or exclusion from admission or denial [of] naturalization to the United States. Your attorney must advise you regarding the possible consequences this case may have on your immigration status.”   Months later she pleaded no contest and moved for a deferred acceptance of her plea. In her change-of-plea form, Araiza and her attorney certified that the document had be read to her and explained or interpreted to her. The form also included an advisement that pleading no contest may result in deportation, detention,...

  Villados v. State (HSC December 9, 2020) Background. Albert Villados was convicted of promoting a dangerous drug in the second degree. The circuit court—Hon. Judge Shackley Raffetto—used the conviction in a combination of other cases and sentenced him to a total of 35 years in prison. Villados appealed to the ICA. The ICA affirmed with a summary disposition order. After the issuance of the order, but before the ICA issued its judgment on appeal, Villados wrote to his appellate counsel expressing his desire to seek review by the HSC. Counsel wrote back that she would not because she found no basis to apply for review. She did write that she would have another look at the ICA’s decision. Counsel wrote another letter indicating that she changed her mind and would write up a writ of certiorari. About a month later she wrote a third letter indicating that she had not filed an application for writ of certiorari and that the deadline had passed. She decided after reviewing the ICA’s ...

State v. Means (HSC June 29, 2020) Background. Mark Means was prosecuted for shoplifting from Sears at the Queen Kaahumanu Shopping Center in Kahului, Maui. The prosecution filed the charging document on September 8, 2015 for an incident that occurred on September 2, 2015. At trial, the prosecution called Arthur Wake, an “asset protection manager” at Sears. Wake testified that he saw Means through security cameras carrying items like a tent and tools throughout the store. He watched him walk out of the store. Wake stopped him in the parking lot. He identified himself and asked him to put the items back. Means put them on the ground and walked away. Wake called the police and reported the incident. Wake testified he took the recovered items back into the store and took pictures of the items. His pictures were admitted as evidence at trial. The pictures do not show any tags or labels indicating the sales price or value. He did testify that there was “spider wrap” on one of the items...

State v. Salavea (HSC June 19, 2020) Background. Cari Salavea was charged with burglary in the first degree. Before trial, Salavea filed a notice of intent to use evidence that she would present evidence that the complainant was using methamphetamine at the time of the alleged burglary. This drug use undermined the complainant’s perception and memory thereby making the complainant’s testimony unreliable. The case was continued because the complainant was unavailable. Salavea’s lawyer, a deputy public defender, withdrew because of a conflict. In the motion to withdraw, counsel averred the ethical obligation to raise the complainant’s substance abuse and that continued representation of Salavea would compromise the attorney-client relationship with the Office of the Public Defender and the complainant. The circuit court, with the Hon. Judge Karen Ahn presiding, granted the motion and appointed substitute counsel. The prosecution filed a notice of its intent to present evidence of Sa...

State v. Uchima (HSC May 19, 2020) Background. Jason Uchima was charged with operating a vehicle while under the influence of an intoxicant. He moved to suppress evidence seized by the police after he was arrested, including all of his statements to the police. he argued that while in custody he was ordered to get out of his vehicle and participate in field sobriety tests. This constituted a custodial interrogation and he should have been apprised of his Miranda warnings. The motion was denied and he was found guilty. Uchima appealed and the ICA affirmed. The ICA’s judgment on appeal as issued on March 19, 2018. After requesting an extension, the deadline to file the application for petition of a writ of certiorari became May 18, 2018. Uchima filed his application six days after the deadline along with a motion to accept the untimely application. In the motion Uchima explained that he failed to correctly calendar to the deadline. It was either a “computer system error or his c...