Rita v. StateAnnotate this Case
The Supreme Court vacated the intermediate court of appeals’ (ICA) judgment on appeal and remanded to the circuit court to hold a Hawai’i Rules of Penal Procedure (HRPP) Rule 40 evidentiary hearing on Petitioner’s claim that counsel were ineffective for failing to challenge the sufficiency of Petitioner’s indictment, holding that Petitioner presented facts that, if true, asserted a colorable claim that his trial and/or appellate counsel was ineffective.
Petitioner was indicted and charged with continuous sexual assault of a minor under the age of fourteen years, among other offenses. Petitioner later filed a second HRPP Rule 40 petition and supplemental claims petition arguing that both trial and appellate counsel were ineffective. The circuit court denied the supplemental claims petition without a hearing. The ICA affirmed. The Supreme Court vacated the ICA’s judgment and remanded the case, holding that Petitioner was entitled to a HRPP Rule 40 evidentiary hearing on two counts of his supplemental claims petition.