Legal Opinion

De La Garza v. State.

Hawaii Supreme Court

Decided May 10, 2013No. SCWC-11-0000595PublishedCited by 4 opinions

1Opinion of the Court

Opinion of the Court by

POLLACK, J.

Petitioner Cheyne De La Garza (Petitioner) seeks review of the Intermediate Court of Appeals’ (ICA) August 23, 2012 judgment, affirming the Circuit Court of the Second Circuit’s (circuit court) July 28, 2011 order dismissing Petitioner’s Hawai'i Rules of Penal Procedure (HRPP) Rule 40 petition for post-conviction relief.

Petitioner asserts that the ICA gravely erred in affirming the circuit court’s order because the manner in which the Hawai'i Paroling Authority (HPA) “amended” his minimum term of imprisonment from eighteen months to five years was in…

2Cases cited22 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Wright v. Van PattenSupreme Court of the United States · 2008
  4. Briones v. StateHawaii Supreme Court · 1993
  5. Labrum v. Utah State Board of PardonsUtah Supreme Court · 1993

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3Cited by4 opinions

  1. Fagaragan v. State.Hawaii Supreme Court · 2014
  2. Fagaragan v. State.Hawaii Supreme Court · 2014
  3. Magno v. StateHawaii Supreme Court · 2014
  4. St. Clair v. StateHawaii Intermediate Court of Appeals · 2018

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