Legal Opinion

State v. Allen

Hawaii Intermediate Court of Appeals

Decided December 18, 1981No. 7679; CRIMINAL NO. 5348PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT BY

BURNS, J.

In this appeal of a conviction in a criminal case, we address the following issues:

1. Does the rule which says that a court-appointed counsel’s failure to take an appeal for an indigent criminal defendant within the time allowed does not foreclose the right of the defendant to appeal apply to the situation where counsel is privately retained? >In the circumstances of this case, our answer is yes.

2. After a complaint alleging a defendant to be guilty of a misdemeanor has been filed in district court but before arraignment, under Rule 5(b)(1), Hawaii Rules of…

2Cases cited32 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Cuyler v. SullivanSupreme Court of the United States · 1980
  4. McMann v. RichardsonSupreme Court of the United States · 1970
  5. Illinois v. SomervilleSupreme Court of the United States · 1973

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3Cited by10 opinions

  1. State v. AplacaHawaii Supreme Court · 2001
  2. State v. OntiverosHawaii Supreme Court · 1996
  3. State v. DetroyHawaii Supreme Court · 2003
  4. State v. AhloHawaii Intermediate Court of Appeals · 1995
  5. State v. BrandimartHawaii Supreme Court · 1986

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