Hawai'i Legal News

De la Garza v. State (HSC May 10, 2013) Background. Cheyne de la Garza pleaded no contest to a single count of assault in the first degree (HRS § 707-710(1)) and kidnapping as a class B felony (HRS § 707-720(3)). The complainant was a person with whom De la Garza had a romantic relationship. The circuit court sentenced De la Garza to ten years prison with both counts running concurrently. The Hawaii Paroling Authority held a hearing to determine De la Garza’s minimum term of imprisonment before he would be eligible for parole. Before the hearing, the HPA obtained the pre-sentence investigation report and a letter from the prosecutor’s office that recommended a minimum term. No one—not the prosecutor, the defense counsel, or even De la Garza—attended the hearing. Afterwards, the HPA ordered a minimum term of 18 months for each count. The level of punishment, according to the HPA guidelines ( click here for the guidelines ), was set at Level II. One month later, the HPA recei...

State v. Pali (HSC May 21, 2013) Background. Lisa Ann Pali was sentenced to five years of probation for promoting a detrimental drug in the third degree and paraphernalia. She was sentenced as a first-time drug offender pursuant to HRS § 706-622.5. After she finished the period of her probation, she received a certificate of discharge stating that she has been “relieved of any obligations imposed by the order of the court and . . . satisfied the disposition of the court[.]” About a week later, she moved to expunge her arrest pursuant to HRS § 706-622.5. The prosecution opposed on the grounds that while she was on probation, she was convicted of theft in the fourth degree, operating a vehicle while under the influence of an intoxicant, contempt of court, and driving without a license. The circuit court denied the motion on the grounds that she did not comply with the terms of her probation because she had been convicted of the misdemeanor offenses. Pali appealed. On appeal, the pros...

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 ...

State v. Hern & State v. Ledbetter (ICA March 27, 2013) Background. In January, Dennis Hern was charged with driving under the influence of an intoxicant. Hern filed a series of pretrial motions including a motion to compel discovery and a motion to dismiss for lack of jurisdiction. At a hearing, the motion to compel was granted and the motion to dismiss was denied. In August, Hern filed a motion to dismiss for violation of speedy trial rights and a violation of HRPP Rule 48. The district court found a rule 48 violation and dismissed the case without prejudice. Hern moved to reconsider the dismissal without prejudice. Joseph Ledbetter was also charged with DUI. Ledbetter filed four motions to compel discovery. At a hearing before the district court, the prosecution said it was ready for trial. Ledbetter said he had not received discovery. The trial was continue with time charged against the prosecution. At a hearing nearly two months later, the prosecution served Ledbette...

State v. Pacquing (HSC March 22, 2013) Background. Chester Pacquing was driving a black Acura when he was pulled over by the police on North King Street in Kalihi one night for driving with an expired tax emblem. The police asked for his license, registration, and proof of no-fault insurance. Pacquing didn’t show them the documents, but said he was Michael John Jose and provided a birthdate and residential address. Two citations were generated under that name. One was served on Pacquing, but the police served the other citation at the address he provided. The real Jose was served the citation and Jose went to the Kalihi police station. He told the police that he didn’t own a black Acura. A few weeks later, the police pulled over the same black Acura and again the same officers arrived to the scene. There, they found Pacquing and again Pacquing could not produce any of the driver’s documents. He said that he had no picture id, but was recently cited and showed them one of the citat...

State v. Metcalfe (HSC March 19, 2013) Pretrial Background. Kevin Metcalfe was charged by way of complaint of one count of murder in the second degree (HRS § 707-701.5) and carrying or using a firearm while in the commission of a felony (HRS § 134-21). About a month later, the prosecution filed an amended complaint with nearly the same charges, but the complaint was dated June 25, 2009. Metcalfe moved to dismiss the amended complaint based on Double Jeopardy and collateral estoppel. Metcalfe argued that the prosecution could not charge him for this case once the grand jury returned a “no bill” on the initial complaint. Metcalfe did not include a transcript of the grand jury proceedings or the preliminary hearing, but attached a lengthy declaration of counsel detailing what happened. The circuit court denied the motion on the grounds that Double Jeopardy did not attach at the grand jury phase and found that there was “no constitutional or statutory impediment prohibiting the State...

State v. Spearman (February 21, 2013) Background. Sarah Spearman was charged with operating a vehicle while under the influence of an intoxicant. The complaint advanced two theories: driving with an amount sufficient to impair her normal mental faculties or ability to care for her person and guard against casualty and with .08 or more grams of alcohol per 210 liters of breath. HRS § 291E-61(a)(1)&(3). The complaint did not state the state of mind for the first theory. At the arraignment, Spearman moved to dismiss the complaint on the grounds that no mens rea was included. The motion was denied and the case went to trial. At trial, the witnesses for the prosecution testified that Spearman blew into the Intoxilyzer 8000 and the results came to "0.251 . . . percent of alcohol liters per 2/10ths breath." After the prosecution rested, Spearman moved for a judgment of acquittal and moved to strike all testimony relating to the breath test and its results. The district c...