Akau v. State

The Supreme Court vacated the judgments of the courts below denying Petitioner’s petition filed pursuant to Hawaii Rules of Penal Procedure (HRPP) Rule 40 to vacate, set aside, or correct his 1987 conviction for driving while under the influence of an intoxicating liquor (DUI), holding that Petitioner’s right to counsel was violated back in 1987 and that the equitable doctrine of laches does not apply to HRPP Rule 40 petitions.The intermediate court of appeals (ICA) affirmed the district court’s decision to deny Petitioner’s Rule 40 petition based on the equitable doctrine of laches, noting that Petitioner had waited more than twenty-five years to challenge his DUI conviction and that no transcripts of any of the proceedings in Petitioner’s DUI case were available. The Supreme Court vacated the ICA's judgment on appeal, Petitioner’s 1987 conviction for DUI, and the district court’s order, holding (1) Petitioner was erroneously deprived of the right to counsel in 1987; and (2) the doctrine of laches does not apply in the context of HRPP Rule 40 petitions. View "Akau v. State" on Justia Law