STATE v. UCHIMA

SCWC-17-0000081.

464 P.3d 852 (2020)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Jason K. UCHIMA, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

May 19, 2020.


Attorney(s) appearing for the Case

Alen M. Kaneshiro for petitioner.

Brian R. Vincent for respondent.

McKENNA, POLLACK, AND WILSON, JJ., WITH RECKTENWALD, CONCURRING IN PART AND DISSENTING IN PART, AND CONCURRING IN THE JUDGMENT, AND WITH NAKAYAMA, J., DISSENTING FROM THE JUDGMENT.


In Hawai`i, a defendant in a criminal case has a statutory right to appeal from a district or circuit court judgment. In situations when defense counsel has inexcusably or ineffectively failed to timely file the notice of appeal, we have determined that not allowing the appeal to proceed would result in the deprivation...

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