(Download) "In Re Estate of Coleman" by Hawaii Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Estate of Coleman
- Author : Hawaii Court Of Appeals
- Release Date : January 08, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
We granted certiorari to review the memorandum opinion of the Intermediate Court of Appeals (ICA), filed on August 27, 1998. The ICA vacated the trial courts conviction of respondent-defendant-appellant Henry Ross (Ross) on one count of harassment and remanded for a new trial. The ICA also held that: 1) the complaint sufficiently apprised Ross of the charges against him; 2) the trial court denied Ross his right to presentence allocution; 3) the trial court improperly considered Rosss purported inability to pay a fine as a factor in imposing a jail sentence; and 4) there was sufficient evidence to support Rosss conviction. In its petition for writ of certiorari, petitioner-plaintiff-appellee State of Hawaii (the prosecution) challenges solely the ICAs holding that the trial Judges failure to disqualify himself constituted reversible error. For the reasons stated below, we reverse the portion of the ICAs opinion vacating Rosss conviction based on the holding that the trial Judge erred by failing to recuse himself. Because that was the sole issue raised by the prosecution on its petition for writ of certiorari, we affirm the ICAs opinion in all other respects. Rosss conviction thus stands, although his sentence remains vacated. Accordingly, we remand for resentencing of Ross before a new sentencing Judge.