may deny hearing in Hawaii

2026"The question on appeal of a denial of a Rule 40 petition without a hearing is whether the trial record indicates that Petitioner's application for relief made such a showing of a colorable claim as to require a hearing before the lower court." Dan v. State, 76 Hawaiʻi 423, 427, 879 P.2d 528, 532 (1994) (emphasis omitted) (quoting State v. Allen, 7 Haw.

2026"The question on appeal of a denial of a Rule 40 petition without a hearing is whether the trial record indicates that Petitioner's application for relief made such a showing of a colorable claim as to require a hearing before the lower court." Dan v. State, 76 Hawaiʻi 423, 427, 879 P.2d 528, 532 (1994) (emphasis omitted) (quoting State v. Allen, 7 Haw.

2005However, as previously mentioned, pursuant to HRPP Rule 40(f), “the court may deny a hearing if the petitioner’s claim is patently frivolous and is mthout trace of support either in the record or from other evidence submitted by the petitioner.” (Emphasis added.) Moreover, “[w]here examination of the record of the trial court proceedings indicates that the petitioner’s allegations show no colorable claim, it is not error to deny the petition without a hearing.” Dan, 76 Hawai'i at 427 , 879 P.2d at 532 .

2005However, as previously mentioned, pursuant to HRPP Rule 40(f), “the court may deny a hearing if the petitioner’s claim is patently frivolous and is mthout trace of support either in the record or from other evidence submitted by the petitioner.” (Emphasis added.) Moreover, “[w]here examination of the record of the trial court proceedings indicates that the petitioner’s allegations show no colorable claim, it is not error to deny the petition without a hearing.” Dan, 76 Hawai'i at 427 , 879 P.2d at 532 .

2026The court may also deny a hearing on a specific question of fact when a full and fair evidentiary hearing upon that question was held during the course of the proceedings which led to the judgment or custody which is the subject of the petition or at any later proceeding. 3 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER "Under article I, section 14 of the Hawai i Constitution and the Sixth Amendment of the United States Constitution, defendants in criminal cases are provided with the right to the effective assistance of counsel at trial." State v. Salavea, 147 Hawai i 564,

2026The court may also deny a hearing on a specific question of fact when a full and fair evidentiary hearing upon that question was held during the course of the proceedings which led to the judgment or custody which is the subject of the petition or at any later proceeding. 3 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER "Under article I, section 14 of the Hawai i Constitution and the Sixth Amendment of the United States Constitution, defendants in criminal cases are provided with the right to the effective assistance of counsel at trial." State v. Salavea, 147 Hawai i 564,

2022Whether trial counsel was ineffective for not pursuing questions about Lyle's septic knee should be addressed in an HRPP Rule 40 proceeding Next, McQueen argues her trial counsel was ineffective for failing to inquire about Lyle's septic knee as an "alternative theory for the source of [Lyle's] knife wound[,]" considering the possible symptoms of being septic.14 While "matters presumably within the judgment of counsel, like trial strategy, 'will rarely be second-guessed by judicial hindsight[,]'" State v. Smith, 68 Haw. 304, 311 , 712 P.2d 496, 501 (1986), as amended Jan. 14, 1986, where the r

2022Whether trial counsel was ineffective for not pursuing questions about Lyle's septic knee should be addressed in an HRPP Rule 40 proceeding Next, McQueen argues her trial counsel was ineffective for failing to inquire about Lyle's septic knee as an "alternative theory for the source of [Lyle's] knife wound[,]" considering the possible symptoms of being septic.14 While "matters presumably within the judgment of counsel, like trial strategy, 'will rarely be second-guessed by judicial hindsight[,]'" State v. Smith, 68 Haw. 304, 311 , 712 P.2d 496, 501 (1986), as amended Jan. 14, 1986, where the r

2018The court may also deny a hearing on a specific question of fact when a full and fair evidentiary hearing upon that 5 The exceptional circumstances test in Christian provided: The sufficiency of an indictment or information is not open to collateral attack after conviction unless it appears that the circumstances are exceptional, that the questions raised are of "large importance," that the need for the remedy sought is apparent, and that the offense charged was one of which the sentencing court manifestly had no jurisdiction. 131 Hawai‘i at 163, 315 P.3d at 789 (quoting United States v. Princ

2012In Nulph, 333 F.3d at 1053-56, 1058 , the court held that the Pearce presumption of vindictiveness applied where the Oregon State Board of Parole (Board) increased the defendant's minimum term of imprisonment from 30 years to 75 years after the defendant had successfully attacked the previous minimum term set by the Board. 5 .

1995Although court records in other cases are not part of the record on appeal, Orso v. City and County of Honolulu, 55 Haw. 37, 38 , 514 P.2d 859, 860 (1973); see State v. Lewis, 6 Haw.App. 624, 626 , 736 P.2d 70, 72 (1987), we may take judicial notice of them.

1995Although court records in other cases are not part of the record on appeal, Orso v. City and County of Honolulu, 55 Haw. 37, 38 , 514 P.2d 859, 860 (1973); see State v. Lewis, 6 Haw.App. 624, 626 , 736 P.2d 70, 72 (1987), we may take judicial notice of them.

1995Although court records in other cases are not part of the record on appeal, Orso v. City and County of Honolulu, 55 Haw. 37, 38 , 514 P.2d 859, 860 (1973); see State v. Lewis, 6 Haw.App. 624, 626 , 736 P.2d 70, 72 (1987), we may take judicial notice of them.

1995Although court records in other cases are not part of the record on appeal, Orso v. City and County of Honolulu, 55 Haw. 37, 38 , 514 P.2d 859, 860 (1973); see State v. Lewis, 6 Haw.App. 624, 626 , 736 P.2d 70, 72 (1987), we may take judicial notice of them.