Lindsey v. State
Annotate this Case
The Supreme Court vacated the summary disposition order of the intermediate court of appeals (ICA) and the order of the circuit court dismissing Appellant's Haw. R. Pen. P. 40 petition, holding that the circuit court erred in dismissing the petition without first providing Appellant an opportunity to clarify his claims.
Appellant was convicted of second-degree murder and several other charges. While an inmate, Appellant filed a Rule 40 petition alleging, without any factual allegations, that he received ineffective assistance of counsel at trial. After the circuit court dismissed the petition as "patently frivolous and without a trace of support" Appellant moved to withdraw his petition so he could amend it to include factual allegations. The circuit court denied the motion to withdraw the petition, and the ICA affirmed. The Supreme Court vacated the lower courts' order, holding (1)the circuit court's order dismissing Appellant's petition for postconviction relief was premature because the court failed to provide Appellant with an opportunity clarify his petition before dismissing it; and (2) the motion to withdraw, which should have been construed as a motion to reconsider, should have been granted.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.