Appeals Attorney in Honolulu
Direct Attorney Access for Your Hawaii Criminal Appeal
A criminal appeal requires focused analysis of the case record, prior rulings, and the law governing the conviction or sentence. Myles S. Breiner Attorney at Law provides criminal appeals representation in Honolulu backed by more than 30 years of criminal defense experience.
Attorney Myles S. Breiner draws on prior prosecution and defense experience when assessing a criminal case. Clients who retain us have direct access to Breiner, so they can discuss their questions and concerns with the attorney handling the case.
Speak with our appeals attorney about challenging a Hawaii criminal conviction or sentence. Call (808) 219-0880 to begin the conversation.
Potential Grounds for a Criminal Appeal
An appeal isn’t a retrial. It generally challenges legal or procedural errors reflected in the existing record rather than presenting new witnesses and evidence. The appellate court evaluates the identified issues to determine whether an error affected the legal validity of the conviction or sentence.
Issues that may warrant appellate review include:
- Insufficient evidence: Whether the evidence in the record was legally sufficient to support the conviction.
- Evidentiary errors: Whether the trial court improperly admitted or excluded evidence.
- Suppression rulings: Whether the court made a legal error when deciding if challenged evidence could be used.
- Jury instruction errors: Whether the instructions misstated the law or failed to address an applicable legal principle.
- Sentencing errors: Whether the sentence resulted from an incorrect application of governing law.
Ineffective assistance of counsel may arise when a defense attorney’s specific errors or omissions show a lack of skill, judgment, or diligence and substantially impair a potentially meritorious defense. A disputed ruling or attorney mistake doesn’t automatically establish grounds for relief. The relevant facts, preservation of the issue, and applicable standard of review all matter.
Deadlines for Hawaii Criminal Appeals
In Hawaii criminal cases, a notice of appeal generally must be filed within 30 days after entry of the judgment or order being appealed. This deadline is jurisdictional, so a late filing can leave the appellate court without authority to hear the appeal. Prompt review is important, even when someone is still deciding how to proceed.
A timely motion in arrest of judgment or motion for a new trial can affect when the filing period begins. When such a motion is filed on time, an appeal from the conviction may be taken within 30 days after entry of the order denying the motion.
A notice filed after a decision, sentence, or order is announced but before the judgment is formally entered is treated as filed on the date the judgment is entered. These rules apply to Hawaii criminal appeals. Deadlines and procedures for federal or civil matters may differ.
How the Hawaii Criminal Appellate Process Works
A criminal appeal generally begins with the notice of appeal, followed by preparation and transmission of the case record. The parties then submit written legal arguments, and the appellate court reviews the properly raised issues before issuing a decision.
Appeals from final criminal decisions and judgments of Hawaii district courts proceed to the Intermediate Court of Appeals. Because appellate review centers on the lower-court proceedings, the record may include filed documents, transcripts, exhibits, motions, rulings, and other materials generated during the case.
The written arguments explain the claimed error, identify where it appears in the record, and address the legal standard governing review. This process doesn’t involve calling witnesses or introducing a new version of the facts. After the Intermediate Court of Appeals rules, a party may seek discretionary review by filing an application for a writ of certiorari, asking the Hawaii Supreme Court to review the decision.
Trial Counsel Errors, Late Appeals & Post-Conviction Relief
A missed direct-appeal deadline doesn’t necessarily resolve every question about possible relief, but the exceptions are limited. Hawaii courts recognize certain late-notice exceptions when defense counsel inexcusably or ineffectively failed to pursue an appeal. A missed filing alone doesn’t establish ineffective assistance of counsel. The client must show that they asked counsel to appeal.
HRPP Rule 40 provides a separate post-conviction process for certain claims that weren’t raised on direct appeal, including some claims of ineffective assistance of trial counsel. Post-conviction relief isn’t an automatic substitute for a direct appeal. The proper procedure depends on the claim, the existing record, and what occurred after judgment.
An appeal from a decision in an HRPP Rule 40 proceeding remains subject to the 30-day criminal appeal rule in Rule 4(b) of the Hawaii Rules of Appellate Procedure. Reviewing the dates, prior filings, communications with counsel, and procedural history can clarify which avenue may still be available.
Discuss a Criminal Appeal in Honolulu
We offer a no-cost initial consultation to discuss a conviction, sentence, possible trial error, or missed deadline. Contact us by phone or through the contact form to begin a confidential discussion about the case.
Payment plans are available. After reviewing the nature and procedural posture of the case, we can explain the next steps for retaining our firm.
Call (808) 219-0880 to speak with our appeals lawyer in Honolulu and request your no-cost initial consultation.
