State v. Young, 15604
| Court | Supreme Court of Hawai'i |
| Citation | 73 Haw. 217,830 P.2d 512 |
| Docket Number | No. 15604,15604 |
| Parties | STATE of Hawaii, Plaintiff-Appellee, v. Thomas C. YOUNG, Sr., Defendant-Appellant. |
| Decision Date | 18 May 1992 |
Page 512
v.
Thomas C. YOUNG, Sr., Defendant-Appellant.
1. When, at arraignment and plea, defense counsel "reserves" the right to waive jury trial, the court should commit the case forthwith to circuit court for jury trial pursuant to Hawaii Rules of Penal Procedure (HRPP) Rule 5.
2. Without a valid waiver of the right to jury trial on the record, a waiver must not be presumed; rather, the court should interpret a reservation of the right of waiver of jury trial as a non-waiver and commit the case to circuit court for jury trial.
3. It is well recognized that a waiver of the right to a trial by jury cannot be presumed by a silent record.
4. Absent an effective waiver of the right to jury trial at arraignment and plea, district court must commit the case to circuit court for jury trial.
5. Rule 5 requires that the waiver of the right to jury trial be either in writing signed by the defendant or in open court from the mouth [73 Haw. 218] of the defendant. With any less, it is impossible for the trial court to discharge its duty to ensure that defendant's waiver of this important constitutional right is made in a voluntary and knowing manner.
Page 513
[73 Haw. 222] Patsy M. Kim, Deputy Public Defender, Honolulu, for defendant-appellant.
Gregory F. Lakin, Deputy Pros. Atty., Hilo, for plaintiff-appellee.
Before LUM, C.J., and WAKATSUKI, MOON, KLEIN and LEVINSON, JJ.
[73 Haw. 218] LUM, Chief Justice.
Defendant-appellant Thomas C. Young (Young) was charged and convicted of assault in the third degree, Hawaii Revised Statutes (HRS) § 707-712(1)(a) (1985), and criminal property damage in the fourth degree, HRS § 708-823(1) (1985). Young was adjudged guilty of the above two offenses after a bench trial in district court. Assault in the third degree is an offense which carries a possible prison term of up to one year and as such, Young had a right to a jury trial on that count. See State v. Shak, 51 Haw. 612, 466 P.2d 422 (1970), cert. denied, 400 U.S. 930, 91 S.Ct. 191, 27 L.Ed.2d 190; State v. O'Brien, 5 Haw.App. 491, 704 P.2d 905, aff'd, 68 Haw. 38, 704 P.2d 883 (1985). At issue on this appeal is whether defendant waived his right to jury trial by proceeding to trial in district court.
On the record before this court, we cannot conclude that Young was aware of and understood his right to a jury trial and voluntarily waived that right. Therefore, we reverse Young's conviction for assault in the third degree and remand for a new trial. We affirm the conviction for criminal property damage in the fourth degree, an offense which did not merit jury trial.
I.
Young first appeared in district court without benefit of defense counsel on November 19, 1990. The court put off the arraignment and plea and gave Young a two week extension to obtain defense counsel and ordered him to return to court on December 7, 1990. At this initial hearing, the court did not advise Young of his right to a trial by jury on the third degree assault charge.
[73 Haw. 219] Young next appeared with defense counsel on December 7, 1990 for arraignment and plea. After hearing pleas of not guilty, the court permitted defense counsel to "reserve" Young's waiver of jury trial on the assault charge pending review of the police reports. At the same time, defense counsel asked for and received a date for trial in district court of March 28, 1991.
Defense counsel did not communicate to the court again regarding the waiver of the jury trial. Instead, Young and defense counsel appeared on March 28, 1991 at which time defense counsel informed the court that she was ready to proceed and at which time trial commenced.
The court did not specifically ask either Young or defense counsel if Young was waiving his right to a jury trial, nor did the court receive a written waiver of that right signed by Young. The record does not demonstrate that Young was ever informed of his right to a jury trial except by reading into defense counsel's statement on December 7, 1991, "[w]e would ask to reserve waiver or...
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76 Hawai'i 454, Ross v. Stouffer Hotel Co. (Hawai'i) Ltd., Inc., 16486
...overruled our analyses of certain rules of court although the language of the rules has remained unchanged. See, e.g., State v. Young, 73 Haw. 217, 220-22, 830 P.2d 512, 514-15 (1992) (holding that pursuant to HRPP Rule 5 the waiver of the right to jury trial must be either in writing signe......
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State v. Gore, 17769.
...v. State, 275 Ga. 574, 575, 571 S.E.2d 368 (2002); Allison v. State, 288 Ga.App. 482, 485-90, 654 S.E.2d 628 (2007); State v. Young, 73 Haw. 217, 219-22, 830 P.2d 512 (1992); State v. Swan, 108 Idaho 963, 964-66, 703 P.2d 727 (Ct.App.1985); Kellems v. State, 849 N.E.2d 1110, 1111-14 (Ind.20......
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State v. Taylor, SCWC–30161.
...against unjust intrusion." State v. Olivera, 53 Haw. 551, 554, 497 P.2d 1360, 1362 (1972), overruled on other grounds by State v. Young, 73 Haw. 217, 221, 830 P.2d 512, 515 (1992).B.In evaluating whether a juror would harbor a reasonable doubt, the judge's view of what outcome could be "har......
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87 Hawai'i 108, State v. Timoteo, 17987
...P.2d 1293, 1300-01 (1995) (right to testify); State v. Hoey, 77 Hawai'i 17, 33, 881 P.2d 504, 520 (1994) (Miranda rights); State v. Young, 73 Haw. 217, 220-21, 830 P.2d 512, 514 (1992) (right to jury trial). If constitutional rights are waivable, then a statutory right such as the statute o......
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76 Hawai'i 454, Ross v. Stouffer Hotel Co. (Hawai'i) Ltd., Inc., 16486
...overruled our analyses of certain rules of court although the language of the rules has remained unchanged. See, e.g., State v. Young, 73 Haw. 217, 220-22, 830 P.2d 512, 514-15 (1992) (holding that pursuant to HRPP Rule 5 the waiver of the right to jury trial must be either in writing signe......
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State v. Gore, 17769.
...v. State, 275 Ga. 574, 575, 571 S.E.2d 368 (2002); Allison v. State, 288 Ga.App. 482, 485-90, 654 S.E.2d 628 (2007); State v. Young, 73 Haw. 217, 219-22, 830 P.2d 512 (1992); State v. Swan, 108 Idaho 963, 964-66, 703 P.2d 727 (Ct.App.1985); Kellems v. State, 849 N.E.2d 1110, 1111-14 (Ind.20......
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State v. Taylor, SCWC–30161.
...against unjust intrusion." State v. Olivera, 53 Haw. 551, 554, 497 P.2d 1360, 1362 (1972), overruled on other grounds by State v. Young, 73 Haw. 217, 221, 830 P.2d 512, 515 (1992).B.In evaluating whether a juror would harbor a reasonable doubt, the judge's view of what outcome could be "har......
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87 Hawai'i 108, State v. Timoteo, 17987
...P.2d 1293, 1300-01 (1995) (right to testify); State v. Hoey, 77 Hawai'i 17, 33, 881 P.2d 504, 520 (1994) (Miranda rights); State v. Young, 73 Haw. 217, 220-21, 830 P.2d 512, 514 (1992) (right to jury trial). If constitutional rights are waivable, then a statutory right such as the statute o......