Legal Opinion

State v. Villiarimo.

Hawaii Supreme Court

Decided February 12, 2014No. SCWC-10-0000109PublishedCited by 4 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that the Family Court of the Second Circuit (the court)1 abused its discretion in denying the request for a continuance made by Petitioner/Defendant-Appellee Joseph D. Villiarimo (Villiarimo). The court failed to give reasons for its decision to deny the continuance, making the denial effectively unreviewable on appeal. Moreover, in probation modification or probation revocation hearings, courts should apply a “good cause” standard for determining whether a continuance should be granted, in recognition of the nature of probation hearings. Lastly, for…

2Cases cited30 opinions

  1. State v. ArceoHawaii Supreme Court · 1996
  2. United States v. DowlinCourt of Appeals for the Tenth Circuit · 2005
  3. United States v. Roy A. WalkerCourt of Appeals for the Fifth Circuit · 1980
  4. State v. EstencionHawaii Supreme Court · 1981
  5. State v. PulseHawaii Supreme Court · 1996

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3Cited by4 opinions

  1. Commonwealth v. Zachairah Z., a juvenileMassachusetts Supreme Judicial Court · 2024
  2. State v. FleetwoodHawaii Intermediate Court of Appeals · 2018
  3. State v. KennHawaii Intermediate Court of Appeals · 2018
  4. State v. Williander.Hawaii Supreme Court · 2018

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