Having a Conviction Overturned on Appeal in Hawaii

Getting convicted of a crime is a scary thing, but even scarier is realizing you may have been wrongfully convicted. Fortunately, there are processes in place to challenge a conviction. Appealing a conviction is complex, but definitely possible in Hawaii.

This article will walk through the basics of appealing a conviction in Hawaii. We’ll look at:

• The appeals process and deadlines
• Grounds for appealing a conviction
• Key steps in filing an appeal
• What happens after an appeal is filed
• Dealing with a denied appeal
• Getting help with your appeal

The Appeals Process and Deadlines

In Hawaii, you can challenge a conviction by filing an appeal with the Intermediate Court of Appeals (ICA). This must be done within 30 days after entry of the judgment or order you’re appealing.

If you miss this deadline, you may still be able to file a late notice of appeal, but you’ll have to provide a legitimate reason for missing the deadline. Some valid reasons could be not getting notice of the entry of judgment or ineffective assistance of counsel.

Once you file the notice of appeal, you’ll need to order transcripts of the trial proceedings. The court reporter has 30 days to deliver the transcripts after you make a request and pay the required fees.

After receiving the transcripts, your attorney will prepare and file an opening brief, which outlines the legal arguments for overturning your conviction. This is due within 40 days after the transcripts are filed.

The prosecution then has 40 days to submit an answering brief responding to your arguments. Finally, you can submit a reply brief within 30 days after that.

What Happens After an Appeal is Filed

Once your appeal is filed with the ICA, here is the general process and timeline:

• The ICA will review your opening brief, the opposing brief, and any reply brief filed.
• The court may schedule an oral argument around 2-6 months after briefing is complete.
• The ICA will then make a decision, typically within 3-6 months after oral arguments.
• If they overturn your conviction, it will be sent back to the trial court for dismissal of charges or a new trial.
• If they affirm your conviction, you can appeal to the Hawaii Supreme Court within 30 days.

The ICA overturns very few convictions in Hawaii – less than 5% of all criminal appeals result in a reversal. But it definitely happens, especially with experienced appellate counsel.

Dealing with a Denied Appeal

If the ICA denies your appeal and upholds your conviction, don’t lose hope. You still have options:

• Appeal to Hawaii Supreme Court: You can request further review from the Hawaii Supreme Court within 30 days.
• File for post-conviction relief: Claim your conviction was unconstitutional through a Rule 40 or habeas corpus petition.
• Federal appeal: Appeal to the federal courts if your conviction violated the U.S. Constitution.
• Clemency petition: Request the Governor or President grant a pardon or commute your sentence.

An appeal lawyer can help you decide the best options if your direct appeal is denied. Don’t give up – all legal avenues should be explored.

Getting Help with Your Appeal

The appeals process is very complex, with strict deadlines and complicated legal rules. Having an experienced criminal defense attorney assist you is critical.

When researching attorneys, look for these important qualifications:

• Extensive knowledge of Hawaii criminal laws and appeals procedures
• Proven track record handling appeals and getting convictions overturned
• Ability to identify the strongest arguments for your unique case
• Skill at writing persuasive, well-researched briefs
• Resources to handle large records and transcripts