(DOWNLOAD) "Kimball v. Sadaoka" by Hawaii Supreme Court # eBook PDF Kindle ePub Free

eBook details

Title: Kimball v. Sadaoka
Author : Hawaii Supreme Court
Release Date : January 01, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

The effect of the majority opinion in this case is to consider and resolve the question which Appellants counsel failed to present in the first appeal. I agree with the majoritys interpretation of HRS Â§ 727-24. The only issue remaining is whether, before considering the question, this court should have afforded an opportunity for Appellants appointed counsel to brief and argue Appellants contentions, in order to provide Appellant with advocacy of her position equal to that which a nonindigent defendant enjoys. Here the argument for Appellants interpretation of HRS Â§ 727-24 was placed forcefully before this court by the dissent in Kimball. Under these circumstances, I consider that Appellant has not been deprived of the substance of her constitutional right to have the assistance of counsel for her defense under the rationale of Anders v. California, 386 U.S. 738 (1967), and Entsminger v. Iowa, 386 U.S. 748 (1967). I therefore concur in the disposition made of this appeal by the majority opinion.