Carvalho v. State

WATANABE, Judge.

The sole issue presented by this appeal is whether Petitioner-Appellant Eric Carvalho (Petitioner) was entitled to an evidentiary hearing on his Hawai'i Rules of Penal Procedure (HRPP) Rule 40 Petition to Vacate, Set Aside, or Correct Judgment or to Release [Him] from Custody (Petition). The second circuit court, concluding that the grounds for post-conviction relief alleged in the Petition were “patently frivolous or without trace of support either in the record or from other evidence submitted by the Petitioner,” held that HRPP Rule 40(f) 1 did not require a hearing under…