Fagaragan v. StateAnnotate this Case
Petitioner was convicted of several drug-related offenses. The Hawaii Paroling Authority (HPA) fixed minimum terms of imprisonment and categorized Petitioner as a Level III offender. After the ICA reversed one of Petitioner’s convictions, the HPA reset Petitioner’s minimum terms to the same terms that had previously been imposed. Petitioner subsequently filed a petition for post-conviction relief pursuant to Haw. R. Penal P. 40. The petition was denied. Thereafter, Petitioner filed a second Rule 40 petition challenging his minimum term and his status as a Level III offender. The circuit court denied the second petition, concluding that Petitioner waived his claims for not including them in his first petition. The ICA affirmed. The Supreme Court vacated the lower courts’ judgments, holding (1) because Petitioner presented evidence that did not receive notice that, on remand, the HPA reset his minimum term to the same minimum term in time for him to have raised the issue in his first petition, Petitioner’s second petition should not have been denied without a hearing on the basis that his claims had been waived; and (2) inasmuch as Petitioner’s offenses did not meet the prescribed criteria to classify Petitioner as a Level III offender, the HPA acted arbitrarily and capriciously. Remanded.