searching inquiry in Hawaii

2023See Han, 130 Hawai#i at 92, 306 P.3d at 137 . 6 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER "Once a violation of the constitutional right to testify is established, the conviction must be vacated unless the State can prove that the violation was harmless beyond a reasonable doubt." Pomroy, 132 Hawai#i at 94, 319 P.3d at 1102 (quoting Tachibana, 79 Hawai#i at 240, 900 P.2d at 1307 ).

2022These were "salient facts" that required the court to "engage the defendant in a dialogue that [would] effectuate the rationale behind the colloquy and the on-the-record waiver requirements as set forth in Tachibana[,]" Martin, 146 Hawai#i at 380 463 P.3d at 1037 (citing Han, 130 Hawai#i at 92, 306 P.3d at 137 ), and "should have served as an additional reason for the court to conduct a more searching inquiry of [Falevai]" to ensure that his waiver was voluntary, knowing and intelligent.

2023See Han, 130 Hawai#i at 92, 306 P.3d at 137 . 6 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER "Once a violation of the constitutional right to testify is established, the conviction must be vacated unless the State can prove that the violation was harmless beyond a reasonable doubt." Pomroy, 132 Hawai#i at 94, 319 P.3d at 1102 (quoting Tachibana, 79 Hawai#i at 240, 900 P.2d at 1307 ).

2023See Han, 130 Hawai#i at 92, 306 P.3d at 137 . 6 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER "Once a violation of the constitutional right to testify is established, the conviction must be vacated unless the State can prove that the violation was harmless beyond a reasonable doubt." Pomroy, 132 Hawai#i at 94, 319 P.3d at 1102 (quoting Tachibana, 79 Hawai#i at 240, 900 P.2d at 1307 ).

2022Cf. Ichimura, 2017 WL 2590858, at *7 (testimony that the defendant "had a 'handicap' for which she took medication, and that she was being treated by a psychiatrist[, . . .] was a 'salient fact' of which the circuit court was aware, and thus should have served as an 8 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER additional reason for the court to conduct a more searching inquiry of [the defendant], rather than relying on her 'Uh-huh' response to a list of rights").

2022Ichimura, 2017 WL 2590858, at *7 .

2009See Kossman, 101 Hawai`i at 119-21, 63 P.3d at 427-29 ; United States v. John Doe No. 1, 272 F.3d 116, 123 (2d Cir. 2001) (noting that "if the reasons proffered [for a motion to substitute counsel] are insubstantial and the defendant receives competent representation from counsel, a court's failure to inquire sufficiently or to inquire at all constitutes harmless error"); McKee, 649 F.2d at 933 (noting that where the court's failure to inquire into the reasons for the defendant's dissatisfaction with counsel causes the defendant no harm, that procedural irregularity constitutes harmless error)

2009See Kossman, 101 Hawai`i at 119-21, 63 P.3d at 427-29 ; United States v. John Doe No. 1, 272 F.3d 116, 123 (2d Cir. 2001) (noting that "if the reasons proffered [for a motion to substitute counsel] are insubstantial and the defendant receives competent representation from counsel, a court's failure to inquire sufficiently or to inquire at all constitutes harmless error"); McKee, 649 F.2d at 933 (noting that where the court's failure to inquire into the reasons for the defendant's dissatisfaction with counsel causes the defendant no harm, that procedural irregularity constitutes harmless error)

2009See Kossman, 101 Hawai`i at 119-21, 63 P.3d at 427-29 ; United States v. John Doe No. 1, 272 F.3d 116, 123 (2d Cir. 2001) (noting that "if the reasons proffered [for a motion to substitute counsel] are insubstantial and the defendant receives competent representation from counsel, a court's failure to inquire sufficiently or to inquire at all constitutes harmless error"); McKee, 649 F.2d at 933 (noting that where the court's failure to inquire into the reasons for the defendant's dissatisfaction with counsel causes the defendant no harm, that procedural irregularity constitutes harmless error)

2008It evaluates whether “the money is not used for a general purpose but rather to defray the expenses generated in specialized investigations and studies, for the hiring of professional and expert services and the acquisition of the equipment needed for the operations provided by law for the [payor].” 967 F.2d at 686 (brackets omitted); see also Bidart Bros. v. California Apple Com’n, 73 F.3d 925, 931 (9th Cir.1996) (articulating the third prong of the San Juan Cellular test as “whether the assessment is expended for general public purposes, or used for the regulation or benefit of the parties u

2008It evaluates whether “the money is not used for a general purpose but rather to defray the expenses generated in specialized investigations and studies, for the hiring of professional and expert services and the acquisition of the equipment needed for the operations provided by law for the [payor].” 967 F.2d at 686 (brackets omitted); see also Bidart Bros. v. California Apple Com’n, 73 F.3d 925, 931 (9th Cir.1996) (articulating the third prong of the San Juan Cellular test as “whether the assessment is expended for general public purposes, or used for the regulation or benefit of the parties u

2006Thus, at sentencing, just as at trial, "a defendant's waiver of counsel can be deemed effective only where the district court has made a searching inquiry sufficient to satisfy him[/her] that the defendant's waiver was understanding and voluntary." Id. (quoting United States v. Welty, 674 F.2d 185, 189 (3d Cir.1982)). 2.

2006Thus, at sentencing, just as at trial, “a defendant’s waiver of counsel can be deemed effective only where the district court has made a searching inquiry sufficient to satisfy him[7her] that the defendant’s waiver was understanding and voluntary.” Id. (quoting United States v. Welty, 674 F.2d 185, 189 (3d Cir.1982)). 2.

1986Compare State v. Smith, 61 Haw. 522 , 606 P.2d 86 (1980) (where a tendered plea of guilty is accompanied by a contemporaneous denial ol the acts constituting the crime charged, a searching inquiry addressed personally to the defendant is required to ensure the defendant’s complete understanding of the finality of his guilty plea).

1986Compare State v. Smith, 61 Haw. 522 , 606 P.2d 86 (1980) (where a tendered plea of guilty is accompanied by a contemporaneous denial ol the acts constituting the crime charged, a searching inquiry addressed personally to the defendant is required to ensure the defendant’s complete understanding of the finality of his guilty plea).