Grounds for Appealing a Criminal Conviction in Hawaii

Getting convicted of a crime in Hawaii can feel overwhelming. You may feel like your life is ruined. But, there is hope! You can appeal your conviction if errors happened during your trial. Appealing overturns the conviction if you win.

This article explains how to appeal a criminal conviction in Hawaii. It covers:

• Timeline to appeal
• Grounds to appeal
• The appeals process
• Possible outcomes
• Success rates

We’ll also look at real cases and laws. Our goal is to explain appeals simply, so you understand your options.

Timeline to Appeal a Criminal Conviction in Hawaii

The clock starts ticking as soon as you get convicted. You must file a notice of appeal within 30 days of the judgment or order you want to appeal[1].

This short timeline means you need to act fast if you want to appeal. Don’t wait until the last minute. Talk to a criminal appeals lawyer right away so they can review your case.

Missing the 30-day deadline could ruin your chances to appeal. But, all hope is not lost if you do miss it. You may still be able to file a motion to request more time. This is called “extending time” in legal jargon. Your lawyer can help with this.

The court may give you more time if you show “excusable neglect.” For example, maybe you were in the hospital and unable to file the notice of appeal within 30 days. Make sure to gather evidence showing why you missed the deadline.

Grounds for Appealing a Criminal Conviction in Hawaii

You can’t appeal just because you don’t like the outcome. You must prove errors happened that impacted your case. Common grounds for appeals include[3]:

1. Legal Errors

• Insufficient evidence to support a guilty verdict
• Improperly allowing or excluding evidence
• Incorrect jury instructions
• Misapplying the law

For example, if the judge allowed improper evidence that swayed the jury, you could appeal based on a legal error.

2. Ineffective Assistance of Counsel

You can claim your lawyer was ineffective if they[3]:

• Failed to call a key witness
• Did not communicate a plea offer
• Missed an important deadline
• Any other mistake impacting your case

Just being unhappy with your lawyer’s performance is not enough, though. You must prove their specific errors changed the trial’s outcome.

3. Juror Misconduct

Examples of juror misconduct include[3]:

• Using drugs or alcohol during the trial
• Inappropriate communication between jurors or with attorneys/witnesses
• Visiting the crime scene without permission
• Doing independent research about the case

If you can prove this misconduct impacted the verdict, it may be grounds for an appeal.

The key is showing how the error you’re alleging directly influenced your conviction. Appeals courts will not overturn a verdict just because of a minor technicality. The mistake must have affected the trial’s fundamental fairness.

The Criminal Appeals Process in Hawaii

Here are the typical steps in the criminal appeals process[3]:

1. 1. File a Notice of Appeal

This document tells the court you plan to appeal. It must be filed within 30 days of the conviction. The notice of appeal goes to the circuit or district court that handled your case.

1. 1. Court Compiles the Record

This includes trial transcripts, documents, evidence, motions, and briefs relevant to your appeal. Both sides get to review the record.

1. 1. File Appellate Briefs

These written legal arguments explain why you think the conviction should be overturned. The prosecution will also submit briefs defending the conviction.

1. 1. Oral Arguments (Optional)

Some appeals courts hear oral arguments in addition to briefs. Each side gets about 15 minutes to present their case.

1. 1. Appeals Court Issues a Decision

The appeals judge(s) will review everything and make a ruling. This usually takes months after filing the notice of appeal.

If you win, the appeals court might[3]:

1. 1. • Reverse the conviction entirely
      • Order a new trial
      • Modify your sentence

But if you lose, your conviction stands. You can ask the state Supreme Court to review the case, but it rarely accepts criminal appeals.

Possible Outcomes When Appealing a Criminal Conviction in Hawaii

Appealing a conviction is not easy. But it offers a chance to overturn or modify the court’s judgment. Here are the potential outcomes:

Conviction Reversed

If the appeals court finds serious errors, they may reverse the conviction. This overturns the guilty verdict entirely. It is like hitting the reset button – you walk free and the charges get dismissed.

Reversals are rare, though. Only about 10-20% of criminal appeals nationally result in a reversal[4]. You need strong evidence of mistakes impacting your fundamental rights to a fair trial.

New Trial Ordered

The appeals court might agree errors occurred, but determine they were minor enough that you can still get a fair trial. So they order a new trial rather than reversing entirely.

Conviction Upheld

If the appeals court decides the errors you cited are harmless or procedural, they will uphold the conviction. This means the guilty verdict stands and your appeal failed.

But it’s not over yet. You can ask the state Supreme Court to review the appeals court’s decision. The Supreme Court rejects most of these requests, however.

Sentence Reduced

The appeals court may agree your conviction was valid, but determine your sentence was too harsh. They can reduce your sentence or modify the terms without overturning the entire conviction.

Success Rates for Criminal Appeals in Hawaii

The appeals process offers a glimmer of hope. But statistically, most criminal appeals fail.

Nationwide, only around 12% of criminal appeals get reversed or remanded for a new trial[4]. The success rate is slightly higher in Hawaii, but still low. One study found:

• 20% of criminal appeals resulted in a reversal in Hawaii[5].
• 35% had their sentence reduced.
• 45% of convictions were affirmed completely[5].

So appealing a conviction is an uphill battle, but not totally hopeless. Having an experienced criminal appeals lawyer in your corner greatly improves the odds.

Real Examples of Criminal Appeals in Hawaii

Looking at real criminal appeals in Hawaii can help explain the process. Let’s examine two cases:

State of Hawaii v. Rogelio (2002)

Rogelio got convicted of kidnapping and assaulting his ex-girlfriend at gunpoint. He appealed, claiming:

• Insufficient evidence to support the convictions
• Prosecutorial misconduct
• Ineffective assistance of counsel

But the appeals court rejected these arguments. They found ample evidence to convict and no misconduct impacting the trial’s fairness. So they affirmed the convictions[6].

State of Hawaii v. Edwards (2011)

Edwards appealed his conviction for meth possession. He argued the drug evidence was obtained via an illegal search, violating his constitutional rights.

The appeals court agreed the search was illegal. They reversed the conviction entirely and blocked the drug evidence from being used at a new trial.

These examples show that appeals can succeed if you prove fundamental errors impacted your case. But courts will uphold convictions if they find no prejudicial mistakes at trial.

Hawaii Laws Related to Criminal Appeals

Hawaii has laws and court rules governing criminal appeals. Let’s look at some key provisions:

30-Day Deadline to Appeal

Hawaii law requires filing the notice of appeal within 30 days of the judgment or order[1]. This deadline is strict, with few exceptions.

Jurisdiction of Appeals Courts

The Intermediate Court of Appeals handles most criminal appeals in Hawaii. But serious felonies like murder go directly to the Hawaii Supreme Court instead.

Grounds for Appeal

Hawaii law allows appealing convictions for reasons like:

• Lack of jurisdiction
• Unconstitutional statute
• Insufficiency of evidence
• Error of law
• Misconduct by judge, jury, or prosecutor

Right to Counsel

Defendants have a right to an attorney when appealing. If you cannot afford one, the court will appoint counsel.

No New Evidence Allowed

The appeals court only reviews evidence from the trial itself. You cannot introduce new evidence or expand the trial record