State v. Faalafua

686 P.2d 826, 67 Haw. 335, 1984 Haw. LEXIS 122
CourtHawaii Supreme Court
DecidedAugust 29, 1984
DocketNO. 8758
StatusPublished
Cited by11 cases

This text of 686 P.2d 826 (State v. Faalafua) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Faalafua, 686 P.2d 826, 67 Haw. 335, 1984 Haw. LEXIS 122 (haw 1984).

Opinion

[336]*336OPINION OF THE COURT BY

WAKATSUKI, J.

On September 23, 1980, six persons were indicted for the murder of Milton Nihipali, and nine persons were indicted for the attempted murder of Clarence Freitas. These crimes occurred-at the Oahu Community Correctional Center in June of 1980.

Trial commenced on November 4, 1981 for the six defendants indicted for murder. During jury selection, following an exchange between the judge and counsel for one of the defendants, Judge Milks disqualified herself and subsequently severed the six defendants into two groups. Trial for defendants Meafou and Mika, who are not involved in this appeal, was promptly resumed. However, trial for the other four defendants did not resume until April 12, 1982.

The four defendants were convicted of murder and sentenced to life imprisonment without parole. Defendant Utu, one of the four defendants, was also convicted of attempted murder. They now appeal. We affirm.

All defendants allege four errors of the trial court: 1) the denial of their motions for a Rule 48 dismissal; 2) the denial of disqualification of Judge Milks; 3) the severance of the defendants by Judge Milks; and 4) the imposition of enhanced sentence under Hawaii Revised Statutes § 706-606(a)(iv). They also ask for a new trial based on insufficiency of evidence. Defendant Sitoe Liuafi further asserts that the trial court erred in not permitting continued examination in regards to a polygraph test taken by him.

We will address the denial of the Rule 48 dismissal and the severance of joint defendants. We hold that the other claims of error are without merit.

I.

Nearly 19 months had elapsed between the time of indictment (September 23, 1980) and the time of trial (April 12, 1982). Rule 48(b) of the Hawaii Rules of Penal Procedure (HRPP) requires that an indictment be dismissed if more than six months elapses between the issuance of the indictment and trial unless certain exceptions apply. Defendant Liuafi, Jr. brought a motion to dismiss under Rule 48(b) on August 12, 1981, and again on February 3, [337]*3371982. Defendant Faalafua joined Liuafi, Jr.’s August 12th motion on August 14, 1981, and filed another motion to dismiss on February 23, 1982. Defendants Utu and Sitoe Liuafi brought identical motions on March 1, 1982. These motions were all denied, and appellants allege that such denials were error. We disagree.

Appellants contend that the trial court erred because it found that the six-month period had elapsed under the rule, but refused to dismiss the indictment because no prejudice had been shown to result from the delay. While Appellants are correct in asserting that prejudice is not required to be found for a Rule 48 dismissal, we conclude that the six-month requirement in bringing defendants to trial had been met in view of the circumstances of this case.

A.

Rule 48(b)(1), HRPP, requires the court, upon motion by defendant, to dismiss a charge if trial is not commenced within six months of the indictment.1 The running of the six months may be tolled, however, for periods of delay excludable under paragraph (c) of Rule 48.2 Excludable periods include periods of delay [338]*338resulting from collateral or other proceedings concerning the defendant,3 periods of delay resulting from continuances granted at the request of or with the consent of the defendant,4 and reasonable periods of delay when the defendant is joined for trial with a co-defendant as to whom the time for trial has not run and there is good cause for not granting a severance.5

Under Rule 48(c)(7), the question is whether the tolling of the six month period for reasonable periods of delay is applicable to multiple defendants. We answer in the affirmative. We join other states and the federal courts in interpreting Rule 48(c)(7) as applicable to all co-defendants when the six month period is tolled for reasonable periods of delay when applied to one of the co-defendants. E.g., People v. Nowak, 45 Ill. 2d 158, 258 N.E.2d 313 (1970); State v. Shelton, 53 N.C. App. 632, 281 S.E.2d 684 (1981), rev. den., 305 N.C. 306, 290 S.E.2d 707 (1982); U.S. v. Edwards, 627 F.2d 460 (D.C. Cir. 1980), cert. den., 449 U.S. 872 (1980); U.S. v. Fogarty, 692 F.2d 542 (8th Cir. 1982), cert. den., 103 S. Ct. 1434 (1983); U.S. v. Stafford, 697 F.2d 1368 (11th Cir. 1983).

[339]*339B.

“The purpose of Rule 48 is to ensure an accused a speedy trial.... [I]ts purpose is also in furtherance of policy considerations to relieve congestion in the trial court, to promptly process all cases reaching the courts, and to advance the efficiency of the criminal justice process.” State v. Estencion, 63 Haw. 264, 268, 625 P.2d 1040, 1043 (1981). Responsibility for Rule 48’s efficacy does not rest solely on the prosecutor, but “the prosecutor, the court, and the accused share responsibility for carrying out the speedy trial requirements of Rule 48.” State v. Soto, 63 Haw. 317, 321, 627 P.2d 279, 281 (1981). This court will not countenance the subversion of the purposes of Rule 48, nor permit its utilization to create a “mockery of justice ... by technical evasion . ..”, People v. Kemp, 49 Ill. App. 3d 270, 364 N.E.2d 944 (1977) (quoting People v. Nunnery, 54 Ill. 2d 372, 297 N.E.2d 129 (1973)), of the rule by either the state or defendant.

In many instances, multi-defendants trials effectuate the prompt efficient disposition of criminal justice. Severance of co-defendants for separate trials where the same facts or conspiracy is involved may create further delays and court congestion. Yet, rigid time limits under Rule 48 may force unnecessary severances in multi-defendants cases in order that one defendant’s slow-moving case would not delay trial of his co-defendants. See U.S. v. Varella, 692 F.2d 1352 (11th Cir. 1982), cert. den., _ U.S. ___ (No. 82-6845, Oct. 3, 1983). Additionally, tactical maneuvers in multidefendants cases may permit advantages to defendants by allowing counsel to delay as to one defendant and thereby placing the court in a position of having to refuse requests resulting in delays or to grant an otherwise undesired severance. People v. Hickman, 56 Ill. 2d 175, 306 N.E.2d 32 (1973).

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State v. Faalafua
686 P.2d 826 (Hawaii Supreme Court, 1984)

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Bluebook (online)
686 P.2d 826, 67 Haw. 335, 1984 Haw. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-faalafua-haw-1984.