State v. Kaulia
| Decision Date | 04 January 2013 |
| Docket Number | No. SCWC–11–0000089.,SCWC–11–0000089. |
| Citation | 128 Hawai'i 479,291 P.3d 377 |
| Parties | STATE of Hawai‘i, Respondent/Plaintiff–Appellee, v. Dennis KAULIA, Petitioner/Defendant–Appellant. |
| Court | Hawaii Supreme Court |
OPINION TEXT STARTS HERE
Alen M. Kaneshiro, for petitioner.
Linda L. Walton, Kealakekua, for respondent.
Petitioner Dennis Kaulia (Kaulia) was convicted by the District Court of the Third Circuit (district court) of committing assault in the third degree in the course of a mutual affray in violation of Hawai‘i Revised Statutes (HRS) § 707–712 (1993).1 We vacate the August 10, 2012 judgment of the Intermediate Court of Appeals (ICA) and the district court's January 18, 2011 judgment of conviction and remand for a new trial for the reasons stated herein.
On January 18, 2008, Kaulia was involved in an altercation with the complainant in the parking lot of a shopping center located in Kona, Hawai‘i. The altercation also involved Kaulia's son and the complainant's wife and son. During the course of the scuffle, Kaulia shoved the complainant, attempted to punch him, and “backhanded” him in the mouth.
On October 22, 2009, Kaulia was charged by the State of Hawai‘i (State) via Amended Complaint 2 with the misdemeanor offense of assault in the third degree in violation of HRS § 707–712(1)(a). Kaulia appeared in district court for arraignment and demanded a jury trial. The district court therefore committed the case to the Circuit Court of the Third Circuit (circuit court).
On November 4, 2009, Kaulia appeared before the circuit court for Trial Setting.3 Kaulia requested an attorney, and a public defender appeared for the proceeding. Kaulia submitted two documents to the court, one titled “Notice” and the other titled “Motion For Nolle Prosequi With Prejudice As to All Counts.” The “Notice” document stated that Kaulia was a “foreign national to USA and State of Hawaii as a subject of the Kingdom of Hawaii.” It also stated that he was “under medication known as Oxycontin one of the narcotic medication used to treat his extreme pain caused by history of neck and back injuries.” Based on Kaulia's statements during the proceeding, the court decided to interpret the two documents as a motion to dismiss for lack of jurisdiction.4
Kaulia also orally informed the court that he was “under doctor's care” and visited a doctor in Honolulu once a month. The court told him that if his condition was such that he is “so uncomfortable that you cannot concentrate on this case,” then he would have to bring in a doctor's note for a continuance to be granted. The court continued:
I think if you are on OxyContin, that's a pretty strong pain medication. And I would not want to have you participating in a case while you are under the influence of a strong narcotic. And so I need your direction on what your position is so that I can ... set the appropriate hearings.
At the end of the hearing, the court was concerned that Kaulia looked “to be in physical pain,” and directed the public defender, “So I would like to have addressed whether or not [Kaulia is] able to proceed at this time given the medication that he's on.” The record on appeal does not indicate whether any steps were taken after the hearing to determine whether Kaulia was able to proceed.
Subsequently on March 15, 2010, Kaulia filed a Motion to Dismiss Complaint (Motion to Dismiss) challenging the court's jurisdiction over the case based on the present existence of the Kingdom of Hawai‘i (Kingdom). At the hearing on the Motion to Dismiss, the court confirmed that in off-the-record conferences it had denied Kaulia's request for an evidentiary hearing to call witnesses, including one Dr. Keanu Sai, to establish the existence of the Kingdom. The court then denied Kaulia's Motion to Dismiss.
On May 21, 2010, the State filed a “Motion to Amend Complaint and Remand” (Motion to Amend), requesting leave to amend the sole count of the Amended Complaint from assault in the third degree, a misdemeanor offense, to assault in the third degree in the course of a mutual affray, a petty misdemeanor offense. The State attached a document titled “First Amended Complaint” as an exhibit to the Motion to Amend, which reflected the proposed amended charge of assault in the third degree in the course of a mutual affray. The memorandum in support of the Motion to Amend stated that pursuant to the State's “forthcoming First Amended Complaint,” Kaulia was to be charged with a petty misdemeanor offense and therefore was not entitled to a jury trial. The State consequently moved to remand the case to district court.
The circuit court granted the State's Motion to Amend and ordered the case to be remanded to district court. Despite the court's order of remand, a First Amended Complaint was never filed in the district court or circuit court. The only document with a title of “First Amended Complaint” appearing in the record is the copy attached as an exhibit to the State's motion.
As ordered by the circuit court, Kaulia appeared for his bench trial before the district court on September 10, 2010.5 He was represented by a court-appointed attorney. The bailiff had called the case and the prosecutor had just introduced herself when Kaulia interrupted. He and the district court judge then engaged in a lengthy exchange in which Kaulia appeared to contest the court's jurisdiction. After some time the court informed Kaulia that he was out of order. Kaulia responded by informing the court that he was under medication:
The court did not return to the issue of medication. Rather, the court asked the prosecutor and defense counsel whether they were ready to proceed. They responded affirmatively. However, Kaulia interrupted again just after the court instructed the State to call its first witness.
Kaulia then announced his intention to leave the courtroom, and the court warned that the trial would be held without him:
(Emphases added).
The exchange continued until Kaulia eventually walked out of the courtroom:
On the other side, that bad spirit that I see next to you, you gonna end up with him.
We'll note that Mr. Kaulia has walked out. And pursuant to Rule 43, I think we can go ahead without his presence.
(Emphases added).
After Kaulia departed the courtroom, the prosecutor immediately requested that Kaulia be arrested for summary contempt. Defense counsel objected to the request and to proceeding without Kaulia. The court declined to have Kaulia arrested, but invoked Hawai‘i Rules of Penal Procedure (HRPP) Rule 43 in deciding to proceed with the trial without him.6 When defense counsel asked to address the Rule 43 issue, the court responded, “Well, you might want to try to get your client back in here, if you want.” The prosecutor interjected and requested a recess because she was The court granted the recess.
After the recess, defense counsel again objected that Kaulia was constitutionally required to be...
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...above, due process provides a separate guarantee to a fair trial pursuant to which such access may be afforded. SeeState v. Kaulia, 128 Hawai'i 479, 487, 291 P.3d 377, 385 (2013) ("The due process guarantee of the ... Hawai'i constitution [ ] serves to protect the right of an accused in a c......
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...constitution [ ] serves to protect the right of an accused in a criminal case to a fundamentally fair trial."33 State v. Kaulia, 128 Hawai‘i 479, 487, 291 P.3d 377, 385 (2013) (alterations in original) (quoting State v. Matafeo, 71 Haw. 183, 185, 787 P.2d 671, 672 (1990) ). Two of the const......
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...in establishment of a sovereign native Hawaiian government, the ICA concluded that this court's recent decision in State v. Kaulia, 128 Hawai‘i 479, 291 P.3d 377 (2013), resolved the issue. Id. at *2. The ICA noted that, analogous to Kaulia, "[Petitioners] contend the ‘legitimacy’ of the Re......
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Hsba Happenings
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