§802-2 Notification of right to
representation. In every criminal case or proceeding in which a person
entitled by law to representation by counsel appears without counsel, the judge
shall advise the person of the person's right to representation by counsel and
also that if the person is financially unable to obtain counsel, the court may
appoint one at the cost to the State. [L 1971, c 185, pt of §1; HRS §705C-2;
ren L 1972, c 9, pt of 1; gen ch 1985]
Case Notes
Failure to advise indigent pro se defendant of right to
counsel and to have one appointed at cost to State reversible error. 80 H. 246
(App.), 909 P.2d 574 (1995).
No waiver by indigent defendant of right to counsel where
trial court failed to conduct the necessary inquiry with defendant to ensure
that defendant had knowingly and intelligently waived right to be represented
by counsel at trial and to have one appointed if indigent. 80 H. 246 (App.),
909 P.2d 574 (1995).
Notes of Decisions
Cited in
4
cases, 1996–2018 · leading case:
State v. Phua., 353 P.3d 1046 (Haw. 2015).
State v. Phua., 353 P.3d 1046 (Haw. 2015).
· cites it 4× “When asked whether he understood his right to a court appointed attorney if he could 17 Under HRS § 802-2, “[i]n every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel, the judge shall advise the person of the…”
State v. Choy Foo., 414 P.3d 117 (Haw. 2018).
· cites it 2× “I, § 14 ("The State shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment."); HRS § 802-1 (2015) (providing that all indigent people faced with potential imprisonment are entitled to be represented by a public defender); HRS § 802-2…”
State v. Dowler, 909 P.2d 574 (Haw. App. 1996).
· cites it 6× “We note initially that HRS § 802-2 (1993) specifically provides that “[i]n every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel, the judge shall advise the person of the person’s right to representation by…”
State v. Ababa, 68 P.3d 618 (Haw. App. 2002).
“§ 802-2 Notification of right to representation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.