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Showing posts with the label withdrawal of counsel

Getting out of a plea deal the (not so) easy way?

  State v. Walter (HSC June 5, 2025). Weiser Walter was indicted for attempted murder in the first degree, murder in the second degree, and attempted 2d degree murder after he was arrested for stabbing his adoptive sister and four-year-old nephew, who later died of his injuries. He was represented by deputy public defender, Crystal Glendon. He claimed that he had been guided by demons or God and wanted to asserted the insanity defense in HRS Chapter 704. The circuit court granted a motion to have three evaluators determine his mental state at the time of the offense. Two out of the three concluded that Walter lacked penal responsibility. The third’s opinion was non-conclusive.   The prosecution moved to bring in two additional experts to assess Walter’s penal responsibility. His attorney simply made a “record objection”—an objection with no legal basis or argument. The motion was granted. These additional experts concluded that Walter was penally responsible.   Af...

The Right to Counsel of Choice is Strong Enough to Outweigh a Jury that’s Ready to Go.

State v. Reed (HSC June 17, 2015) Background. Ikaika Reed was charged with assault in the first degree. The allegation stems from an incident at the Waianae Boat Harbor, where during the early morning hours, Reed punched a guy in the face while holding the knife and caused a laceration across the guy’s face from “the tip of his ear to the tip of his nose.” If convicted, he was looking at a ten-year prison term with a mandatory minimum of three years and four months. Shortly after his arraignment, the Office of the Public Defender was appointed to represent him. Twenty-seven days after the appointment, the public defender moved to continue trial because he had not received a copy of the grand jury proceedings. Trial was continued. About a week before trial, Reed moved to continue again. The motion was continued briefly. Five days before the trial date, Reed told the court that he was looking for retained counsel and requested more time. The prosecution did not object, but the ci...

“Penetrating and Comprehensive” Approach to Motions to Withdraw

State v. Harter (HSC December 10, 2014) Background. Letitia Harter was charged with assault of a law enforcement officer in the second degree, resisting arrest, and disorderly conduct. The charges stemmed from an incident in a Honolulu nightclub, Club 939. Harter initially called the police but the police ended up trying to arrest her for disorderly conduct. The arresting officer later testified as he attempted to “gain control” of Harter, she swung at or around him and scratched the officer’s chin. At the arraignment, Harter was represented by the public defender. After a few continuances of the trial date and while discovery requests remained outstanding by the prosecution, Harter’s counsel requested that its office withdraw as her lawyer. Harter told the court that she was not happy with her lawyer. She said that after multiple attempts to reach her lawyer, when she finally talked to her lawyer, her lawyer she was crazy when she said she had a new job as an assistant casting...

Right to Counsel can be Revived After Verdict

State v. Pitts (HSC January 22, 2014) Background. Joseph Pitts was charged with attempted murder for allegedly stabbing his close friend. After going through three court-appointed attorneys, trial began. Just after opening statements, Pitts told the trial court that he wanted to represent himself. His lawyer said that Pitts believed “he knows the case better than [his lawyer] and that the truth will set him free.” The trial court ordered Pitts to consider it over the weekend. When trial resumed on Monday, Pitts said that he will put his stubbornness aside and keep his lawyer for trial. In the middle of the prosecution’s case, Pitts said he wanted to fire his lawyer. The circuit court gave him a day to think about his decision and then had a colloquy about the waiver of his counsel. The trial court then kept his lawyer as a standby counsel and Pitts represented himself. Trial resumed and this time Pitts said he wanted his lawyer back. His lawyer said that there may be a conflict at ...

Putting Teeth in the Right to (Retained) Counsel

State v. Cramer (HSC April 29, 2013) Background. Stephen Cramer was charged with up to seven drug-related offenses and entered the Maui Drug Court Program. He participated in the program for about 18 months before the prosecution filed a motion to terminate him. The circuit court granted the motion and terminated Cramer from the program. At a “stipulated-facts” trial, the prosecution presented an admission to the offenses from Cramer’s petition into the program. Cramer was found guilty. At the sentencing hearing, Hayden Aluli appeared for Cramer on the condition that he be “given the opportunity to effectively prepare.” Aluli asked for a three-week continuance. The prosecutor was ready for sentencing. The motion for continuance was denied because the requests were untimely. Aluli did not enter his appearance and Cramer remained with the public defender. The public defender asked the circuit court if it had received a substance abuse assessment. The court had not and wanted to ...

Impeaching with what was NOT said.

State v. Plichta (HSC Nov. 30, 2007) Background. Plichta stripped down a car in a parking lot with a hatchet one morning near Sand Island. After being confronted by the owner of the car, dousing him with pepper spray, trying to flee, and spray the police, he was apprehended. He told the police that they were in big trouble because he was the President of the United States, the chief of police, and part of an international agency. Plichta’s defense counsel was preparing to go with the insanity defense and filed a motion for a three-doctor panel pursuant to HRS § 704-404. The circuit court granted the motion and three doctors examined Plichta to determine whether he was competent for trial and whether he was legally insane. Three doctors interviewed him and their reports were given to the parties and the court. At no time during the interview did Plichta talk about his belief that he was being chased by extra-terrestrial life. At trial Plichta’s lawyer argued that at the time of t...