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315 P.3d 779
Haw. Ct. App.
2013
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Background

  • Christian pleaded no contest to OVUII on June 24, 2008, and was fined $700 plus fees; he did not appeal.
  • Over two years after final judgment, Christian filed HRPP Rule 40 petition claiming the OVUII charge was deficient for lack of the public-road element, relying on Wheeler.
  • The District Court denied the Rule 40 petition; Christian appealed challenging retroactivity and sufficiency of the charge.
  • Wheeler held that OVUII charges must allege the public-road element, and that charging in the statute’s language without that element is deficient; pre-Wheeler decisions had treated the charge as sufficient in certain contexts.
  • The Hawai'i Intermediate Court of Appeals held Wheeler should not be applied retroactively to collateral review, favoring a limited retroactivity approach and a heightened standard for relief on collateral review.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Should Wheeler be retroactively applied on collateral review? Christian argues Wheeler should apply to his Rule 40 petition. State argues Wheeler should not be retroactive to collateral review. Wheeler should not be given full retroactive effect on collateral review.
Was the pre-Wheeler OVUII charging language sufficient to charge a first offense? Charge could be construed to charge OVUII as a first offense under Ruggiero/Kekuewa. Wheeler changed the required charging language by including the public-road element. Pre-Wheeler charging language could reasonably be construed as a first offense; not entitled to relief under Wheeler retroactivity.
If Wheeler applies, does Christian still meet the exceptional-circumstances standard for collateral relief? Exceptional circumstances exist to warrant relief. No exceptional circumstances shown; finality concerns predominate. Christian failed to show exceptional circumstances; relief denied.
Does finality and liberal-construction doctrine trump collateral challenges to pre-Wheeler charges? Liberal construction should allow relief when challenged post-conviction. Finality interests and post-conviction standards limit such challenges. Finality interests and the heightened collateral-review standard limit relief; no grounds shown.

Key Cases Cited

  • State v. Wheeler, 121 Hawai'i 383, 219 P.3d 1170 (Haw. 2009) (OVUII charging rule requiring public-road element)
  • State v. Ruggiero, 114 Hawai'i 227, 160 P.3d 703 (Haw. 2007) (indicates charging can be construed to charge first offense)
  • State v. Kekuewa, 114 Hawai'i 411, 163 P.3d 1148 (Haw. 2007) (charging language may charge OVUII as first offense)
  • State v. Walker, 126 Hawai'i 475, 273 P.3d 1161 (Haw. 2012) (post-Wheeler rule clarified; essential elements differ after Wheeler)
  • State v. Jess, 117 Hawai'i 381, 184 P.3d 133 (Haw. 2008) (framework for retroactivity of new rules)
  • State v. Motta, 66 Haw. 89, 657 P.2d 1019 (Haw. 1983) (liberal construction standard for challenges on direct appeal)
  • State v. Wells, 78 Hawai'i 373, 894 P.2d 70 (Haw. 1995) (liberal construction standard for post-conviction challenges)
  • United States v. Prince, 868 F.2d 1379 (5th Cir. 1989) (test for collateral-review exceptional circumstances)
  • Keto v. United States, 189 F.2d 247 (8th Cir. 1951) (collateral-review standards for indictment sufficiency)
  • Teague v. Lane, 489 U.S. 288 (U.S. Supreme Court 1989) (finality principle in retroactivity)
  • United States v. Cuch, 79 F.3d 987 (10th Cir. 1996) (finality concerns in retroactive application of jurisdictional rulings)
  • State v. Cummings, 101 Hawai'i 139, 63 P.3d 1109 (Haw. 2003) (jurisdictional defects in charges discussion noted)
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Case Details

Case Name: Christian v. State.
Court Name: Hawaii Intermediate Court of Appeals
Date Published: Dec 16, 2013
Citations: 315 P.3d 779; 131 Haw. 153; 2013 WL 6246502; 2013 Haw. App. LEXIS 679; CAAP-11-0000147
Docket Number: CAAP-11-0000147
Court Abbreviation: Haw. Ct. App.
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