§641-14 Stay in criminal cases. (a)
The filing of a notice of appeal or the giving of oral notice in open court at
the time of sentence by the defendant or the defendant's counsel of intention
to take an appeal may operate as a stay of execution and may suspend the
operation of any sentence or order of probation, in the discretion of the trial
court. If the court determines that a stay of execution is proper, the court
shall state the conditions under which the stay of execution is granted. No
stay granted on the giving of oral notice shall be operative beyond the time
within which an appeal may be taken; provided that if an appeal is properly
filed, the stay shall continue in effect as if the stay was based on a filing
of the appeal.
The court may revoke the stay of execution or
amend the conditions thereof for a violation of the conditions of the stay of
execution.
(b) Admission to bail after the giving of oral
notice in open court of intention to take an appeal or upon an appeal shall be
as provided in the rules of court. [L 1892, c 95, §7; RL 1925, §2528; am L
1925, c 211, §3; RL 1935, §3555; RL 1945, §9556; RL 1955, §212-6; HRS §641-16;
am L 1972, c 89, pt of §5; ren HRS §641-14; am L 1978, c 225, §1; gen ch 1985]
Notes of Decisions
Cited in
12
cases, 1976–2019 · leading case:
State v. KIESE, 273 P.3d 1180 (Haw. 2012).
State v. KIESE, 273 P.3d 1180 (Haw. 2012).
· cites it 5× “” Although stays are discretionary under HRS § 641-14, HRS § 804-4(a) provides, “The right to bail shall continue after conviction of a .”
State v. Johnson, 986 P.2d 987 (Haw. App. 1999).
· cites it 4× “Pursuant to HRS § 641-14 (1993), it appears that the circuit court did retain jurisdiction to rule on Defendant’s "MOTION TO STAY THE EXECUTION OF ORDER DENYING MOTION TO REVOKE RESTITUTION; FREE-STANDING RESTITUTION ORDER; CIVIL JUDGMENT AGAINST DEFENDANT IN FAVOR OF BANK OF…”
State v. Miller, 900 P.2d 770 (Haw. 1995).
· cites it 3× “HRS § 641-14(a) (1985) provides in pertinent part that: [t]he filing of a notice of appeal .”
State v. Cullen, 946 P.2d 955 (Haw. 1997).
“No defendant entitled to bail, whether bailed or not, shall, without the defendant’s written consent, be subject to the operation of any sentence passed upon the defendant while any proceedings to procure a review of any action of the trial court or jury in the premises are…”
In the Interest of Doe, 558 P.2d 483 (Haw. 1976).
· cites it 2× “HRS § 641-14. If the proceeding were one governed by Rule 62, H.”
State v. Kido, 654 P.2d 1351 (Haw. App. 1982).
· cites it 2× “Rule 38(a), HRPP; HRS § 641-14. The answer is yes. The court has inherent power to suspend the execution of the sentence, if the necessities of the case require it, until a contemplated motion for relief is heard and disposed of.”
State v. Anderson, 661 P.2d 716 (Haw. App. 1983).
“2 On November 6, 1981, the lower court judge granted Anderson’s motion under HRS section 641-14(a) (1976, as amended) and issued an “Order Staying Execution of Sentence and Granting Bail Pending Appeal.”
State v. Avilla, 750 P.2d 78 (Haw. 1988).
“No defendant entitled to bail, whether bailed or not, shall, without the defendant’s written consent, be subject to the operation of any sentence passed upon the defendant while any proceedings to procure a review of any action of the trial court or jury in the premises are…”
State v. Kalani, 649 P.2d 1188 (Haw. App. 1982).
“Those statutes are now Hawaii Revised Statutes § 602-5 and § 641-14 (1976, as amended), respectively.”
State v. Handa, 657 P.2d 464 (Haw. 1983).
“No defendant entitled to bail, whether bailed or not, shall, without his written consent, be subject to the operation of any sentence passed upon him while any proceedings to procure a review of any action of the trial court or jury in the premises are pending and undetermined,…”
State v. Hau Phan, 444 P.3d 321 (Haw. App. 2019).
· cites it 3× “In Kiese , the Hawai'i Supreme Court held: Although stays are discretionary under HRS § 641-14, HRS § 804-4(a) provides, "The right to bail shall continue after conviction of a .”
Castro v. Dist. Court of the First Circuit, Wahiawa Div. (Haw. 2010).
· cites it 2× “lDTA-lO-0l758, can seek review of any adverse rulings of the district court by appealing from the final judgment and can seek a stay of any sentence pending appeal pursuant to HRS § 641-14 (l993). Therefore, petitioner is not entitled to extraordinary relief.”
— Haw. Rev. Stat. § 641-14(a) — 7 cases
State v. KIESE, 273 P.3d 1180 (Haw. 2012).
“” Although stays are discretionary under HRS § 641-14, HRS § 804-4(a) provides, “The right to bail shall continue after conviction of a .”
State v. Miller, 900 P.2d 770 (Haw. 1995).
“HRS § 641-14(a) (1985) provides in pertinent part that: [t]he filing of a notice of appeal .”
State v. Cullen, 946 P.2d 955 (Haw. 1997).
“No defendant entitled to bail, whether bailed or not, shall, without the defendant’s written consent, be subject to the operation of any sentence passed upon the defendant while any proceedings to procure a review of any action of the trial court or jury in the premises are…”
State v. Anderson, 661 P.2d 716 (Haw. App. 1983).
“2 On November 6, 1981, the lower court judge granted Anderson’s motion under HRS section 641-14(a) (1976, as amended) and issued an “Order Staying Execution of Sentence and Granting Bail Pending Appeal.”
State v. Avilla, 750 P.2d 78 (Haw. 1988).
“No defendant entitled to bail, whether bailed or not, shall, without the defendant’s written consent, be subject to the operation of any sentence passed upon the defendant while any proceedings to procure a review of any action of the trial court or jury in the premises are…”
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