Legal Opinion

State v. Celestine.

Hawaii Supreme Court

Decided April 12, 2018No. SCWC-14-0000335PublishedCited by 1 opinion

1Opinion of the CourtOpinion Of The Court By Pollack, J.

This appeal arises from a challenge by Ritalynn Moss Celestine to her conviction based on the validity of her waiver of the right to testify at trial. We hold that the record does not support a conclusion that Celestine's waiver of the right to testify was voluntarily, intelligently, and knowingly made. Because the error was not harmless beyond a reasonable doubt, we vacate the conviction and remand the case for further proceedings.

I. BACKGROUND

On February 24, 2013, around 2:40 a.m., an officer of the Honolulu Police Department driving along Meheula Parkway saw Celestine's vehicle in the…

2Cases cited12 opinions

  1. Tachibana v. StateHawaii Supreme Court · 1995
  2. State v. NeumanWest Virginia Supreme Court · 1988
  3. State v. StaleyHawaii Supreme Court · 1999
  4. State v. FriedmanHawaii Supreme Court · 2000
  5. State v. Schnabel.Hawaii Supreme Court · 2012

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3Cited by1 opinion

  1. State v. ChangHawaii Supreme Court · 2019

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