State v. Avilla

The question posed by this motion for release pending appeal brought by Defendant-Appellant Alan Avilla is whether the “saving clause” in Act 139, Session Laws of Hawaii (SLH) 1987, precludes Avilla from petitioning for release on bail pursuant to Hawaii Revised Statutes (HRS) § 804-4, as amended on June 5, 1987. We conclude the clause does not preclude Avilla’s petition; but we deny his motion since he has not shown “[b]y clear and convincing evidence that [he] is not likely to . .. pose a danger to the safety of any other person or the community if released[.]” SLH 1987, Act 139, § 8.

I

Prior…