Campiformio v. To'oto'o ( 2019 )


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  •                                                          Electronically Filed
    Supreme Court
    SCPW-XX-XXXXXXX
    04-MAR-2019
    10:54 AM
    SCPW-XX-XXXXXXX
    IN THE SUPREME COURT OF THE STATE OF HAWAII
    SAMUEL CAMPIFORMIO, Petitioner,
    vs.
    THE HONORABLE FA’AUUGA TO’OTO’O, Judge of the Circuit Court of
    the First Circuit, State of Hawaii, Respondent Judge,
    and
    STATE OF HAWAII, Respondent.
    ORIGINAL PROCEEDING
    (CR. NO. 1CPC-XX-XXXXXXX)
    ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS
    AND/OR MANDAMUS
    (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
    Upon consideration of petitioner Samuel Campiformio’s
    petition for writ of habeas corpus and/or mandamus, filed on
    January 7, 2019, respondent State of Hawaii’s answer, filed on
    January 29, 2019, the respondent judge’s answer, filed on
    January 30, 2019, the respective supporting documents, and the
    record, it appears that imposition of the amount of bail and any
    conditions thereof, if a defendant is bailable, should be based
    on a consideration of relevant factors pursuant to HRS Chapter
    804 and applicable case law.    See, e.g., Sakamoto v. Chang, 
    56 Haw. 447
    , 
    539 P.2d 1197
     (1975); Pelekai v. White, 
    75 Haw. 357
    ,
    
    861 P.2d 1205
     (1993); State v. Henley, 136 Hawai‘i 471, 
    363 P.3d 319
     (2015).   The “Findings of Fact and Order Denying Motion for
    Reduction in Bail,” filed on December 19, 2018, is insufficient
    for this court to determine whether the circuit court considered
    and applied the relevant factors in denying the motion for a
    bail reduction.   Accordingly,
    IT IS HEREBY ORDERED that the petition is granted in
    part.   The “Findings of Fact and Order Denying Motion for
    Reduction in Bail,” filed on December 19, 2018, is vacated, and
    the matter is remanded to the circuit court for further hearing
    on the November 27, 2018 “Motion for Reduction of Bail.”      The
    disposition of the “Motion for Reduction of Bail” shall include
    the rendering of relevant findings consistent with the
    requirements of statutory and applicable case law.       In all other
    respects, the petition is denied.
    IT IS HEREBY FURTHER ORDERED that the “Order
    Pertaining to Bail,” filed on November 7, 2018 shall remain in
    effect pending the further hearing and the disposition of the
    “Motion for Reduction of Bail.”
    DATED: Honolulu, Hawaii, March 4, 2019.
    /s/ Mark E. Recktenwald
    /s/ Paula A. Nakayama
    /s/ Sabrina S. McKenna
    /s/ Richard W. Pollack
    /s/ Michael D. Wilson
    2
    

Document Info

Docket Number: SCPW-19-0000021

Filed Date: 3/4/2019

Precedential Status: Precedential

Modified Date: 3/4/2019