Villados v. State
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The Supreme Court reversed the denial of relief and dismissal of Appellant's Hawai'i Rules of Penal Procedure (HRPP) Rule 40 petition, holding that Appellant was entitled to appropriate relief because Appellant's counsel was ineffective.
Appellant was convicted of promoting a dangerous drug in the second degree and prohibited acts related to drug paraphernalia. The intermediate court of appeals (ICA) affirmed. After the deadline had passed for filing a writ of certiorari, Appellant filed an application for writ of certiorari challenging the ICA's decision. The Supreme Court dismissed the application because it was untimely. Appellant then filed a pro se petition for post-conviction relief pursuant to Rule 40, alleging that he was denied effective assistance of counsel because appellate counsel failed timely to apply for writ of certiorari despite assuring Appellant that she would do so. The circuit court denied relief. The ICA affirmed. The Supreme Court affirmed in part and reversed in part, holding (1) appellate counsel was ineffective; and (2) appropriate relief in this case was allowing Appellant to refile an application for writ of certiorari in his original case so that the Supreme Court can decide to accept or reject it on the merits.
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