State of Hawaiʻi v. Robert A.C. Midel

Summary

The Hawaiʻi Intermediate Court of Appeals affirmed Robert A.C. Midel’s conviction and sentence for second-degree murder. The court rejected challenges to his waiver of a jury trial, waiver of the right to testify, and the denial of his motion to dismiss based on speedy-trial and Hawaiʻi Rules of Penal Procedure Rule 48 grounds. The court held that the waivers were knowing, intelligent, and voluntary and that the trial meaningfully commenced despite COVID-19-related delays.

Holdings

1. The circuit court adequately established that Midel knowingly, intelligently, and voluntarily waived his right to a jury trial, and it properly denied his motion to set aside the waiver.
2. The circuit court conducted a meaningful on-the-record colloquy concerning Midel's right to testify and right not to testify, and Midel failed to show that the colloquy affected his substantial rights.
3. The trial meaningfully commenced on June 29, 2020, so the circuit court did not err in denying Midel's motion to dismiss under HRPP Rule 48 or in declining to vacate his conviction.

Questions Presented

1. Whether the circuit court adequately ensured that Midel knowingly, intelligently, and voluntarily waived his fundamental right to a jury trial and properly denied his motion to set aside that waiver.
2. Whether the circuit court adequately ensured that Midel knowingly, intelligently, and voluntarily waived his right to testify through a meaningful on-the-record colloquy.
3. Whether the circuit court erred in denying Midel's motion to dismiss for violation of speedy-trial rights and HRPP Rule 48, including whether the trial meaningfully commenced on June 29, 2020.

Disposition

affirmed