The Criminal Appeals Process and Timeline in Hawaii

Appealing a criminal conviction in Hawaii can be a complex process with strict deadlines. This article provides an overview of the key steps, timeline, and considerations when filing a criminal appeal in Hawaii state courts.

Grounds for Appeal

In order to file an appeal, there must be valid legal grounds to challenge the conviction or sentence. Common grounds for appeal in criminal cases include:

• Violation of constitutional rights, such as the right to effective counsel, the right against unreasonable searches and seizures, the right to a speedy trial, etc.
• Prosecutorial misconduct, such as withholding exculpatory evidence, knowingly allowing false testimony, improper jury selection procedures, etc.
• Judicial errors or abuse of discretion, such as improper admission or exclusion of evidence, incorrect jury instructions, excessive sentences, etc.
• Ineffective assistance of counsel, where the defense attorney failed to provide competent representation
• Insufficient evidence to support the conviction
• New evidence discovered after trial that may change the verdict
• Errors in pre-trial proceedings, such as improper indictment, lack of probable cause, statute of limitations issues, etc.

The appellant must show that the alleged errors were substantial, prejudicial, and likely impacted the outcome of the case. Minor technicalities or harmless errors are not sufficient grounds for overturning a conviction on appeal.

Filing the Notice of Appeal

In Hawaii, a defendant has 30 days after the entry of the judgment or order being appealed to file a notice of appeal in criminal cases (Hawaii Rules of Appellate Procedure Rule 4). This deadline is strict and jurisdictional – if the notice of appeal is late, the appellate court will not have authority to hear the appeal.

The notice of appeal should be filed with the clerk of the court where the conviction occurred. The notice must specify the party taking the appeal, designate the judgment or order being appealed, and name the court to which the appeal is taken (the Intermediate Court of Appeals or Supreme Court).

If a motion for a new trial or judgment of acquittal was timely filed under the Hawaii Rules of Penal Procedure, the notice of appeal deadline runs from the entry of the order disposing of such motions.

Obtaining Transcripts

After filing the notice of appeal, the appellant must order and pay for any trial transcripts needed to support the appeal. The court reporter is responsible for preparing the transcripts once payment arrangements have been made.

The transcripts must be ordered within 10 days after filing the notice of appeal (HRAP Rule 10). The court reporter then has 40 days to deliver the transcripts under normal circumstances. Expedited transcripts can be requested for an additional fee.

Filing the Opening Brief

Within 40 days after the filing of the record on appeal, the appellant must file an opening brief setting forth all the alleged errors, facts of the case, legal arguments, and relief requested (HRAP Rule 28). The brief must contain:

• A statement of the issues presented for review
• A statement of the case summarizing the facts and procedural history
• Legal arguments supporting each issue raised, with citations to the record and legal authorities
• A conclusion stating the precise relief sought

Failure to specifically raise an issue in the opening brief could result in waiver of that issue on appeal.

Appellee’s Answering Brief

The appellee (typically the prosecution) has 30 days after service of the appellant’s brief to file an answering brief responding to the issues raised (HRAP Rule 28). This brief will seek to counter the appellant’s arguments and defend the conviction.

The appellee may also raise issues on cross-appeal challenging rulings made by the trial court. Any issues for cross-appeal must be included in the answering brief.

Appellant’s Reply Brief

The appellant has the option to file a reply brief within 14 days after service of the appellee’s brief (HRAP Rule 28). The reply allows the appellant to respond to arguments raised in the answering brief. However, no new issues may be raised in a reply brief.

Oral Argument

Once all the briefs are submitted, the appellate court will schedule a date for oral argument if it decides argument would be helpful in deciding the case (HRAP Rule 34). Oral argument allows each side to summarize their positions and answer any questions from the judges.

According to court statistics, oral argument is held in about 30% of criminal appeals in Hawaii. If the court decides the appeal can be resolved on the briefs alone, no oral argument will be held.

The Appellate Court’s Decision

The appellate court will review the briefs, trial court record, and oral argument (if any) and make a determination about the issues raised. The three justice panel must come to a unanimous decision.

The court may decide to:

• Affirm the conviction in whole or in part
• Reverse the conviction and remand for a new trial
• Vacate the conviction and order an acquittal
• Remand for resentencing or other proceedings

The court will issue a written opinion explaining the rationale for its decision. Opinions are typically issued within 3-6 months after oral argument or submission on the briefs. However, it can take up to a year in complex appeals.

Key Takeaways

• Notice of appeal must be filed within 30 days of entry of judgment
• Order transcripts immediately after filing notice
• Opening brief must lay out all appealable issues
• Answering brief responds to appellant’s arguments
• Oral argument may be scheduled
• Decision usually takes 3-6 months after argument
• Losing party can seek certiorari from Supreme Court
• Post-conviction and habeas corpus petitions also available