No. 18-8046

Stephen L. Paulmier v. Hawaii

Lower Court: Hawaii
Docketed: 2019-02-21
Status: Denied
Type: IFP
IFP
Tags: bench-trial constitutional-rights due-process family-court family-court-procedure hawaii-family-court-rules jury-trial jury-trial-waiver trial-continuance
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2019-06-20
Question Presented (AI Summary)

Whether the ICA gravely erred in failing to recognize Stephen Paulmier's constitutional rights to due-process,jury-trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the ICA gravely erred in failing to recognize Stephen Paulmier’s constitutional rights to due process and/or find his waiver of a jury trial was invalid because he was not informed in a knowing, voluntary or intelligent manner that a bench trial was not held on continuous days like a jury trial, that it could be continued indefinitely day-by-day depending on the schedules of State Prosecutor the Family Court, such that without advance notice or warning, Defendant would be subject to a four-day trial over a seven-month time period? 2. Do the Hawaii Family Court Rules provide for separate trial calendar apart from the regularly clogged court calendar? 3. Does a Defendant who waives his right to a jury trial have the same due process constitutional right to consecutive trial days as a jury trial Defendant?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-22
Brief of respondent Hawaii in opposition filed.
2019-04-29
Motion to extend the time to file a response is granted in part and the time is further extended to and including May 22, 2019.
2019-04-22
Motion to extend the time to file a response from April 24, 2019 to May 24, 2019, submitted to The Clerk.
2019-03-27
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2019.
2019-03-22
Motion to extend the time to file a response from March 25, 2019 to April 24, 2019, submitted to The Clerk.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Hawaii
Sylvia Alicia WanCounty of Hawaii, Office of the Prosecuting Attorney, Respondent
Sylvia Alicia WanCounty of Hawaii, Office of the Prosecuting Attorney, Respondent
Kimberly AngayOffice Prosecuting Attorney, Respondent
Kimberly AngayOffice Prosecuting Attorney, Respondent
Stephen L. Paulmier
Gary Charles ZamberLaw Office of Gary C. Zamber, Petitioner
Gary Charles ZamberLaw Office of Gary C. Zamber, Petitioner