44 Haw. 52 | Haw. | 1959
Richard G. Scott, petitioner, was convicted of robbery in the first degree in the circuit court of the first circuit, after a jury trial, at which he was defended by Patrick Tuohy, counsel assigned by the court, and was sentenced to imprisonment at hard labor in Oahu Prison for the maximum term of 50 years, subject to such minimum as might be fixed by the Board of Paroles and Pardons with the approval of the court. The sentence was
This case differs from the Oarvelo case, reported on page 31, ante, in that there is a certification by the circuit court that an appeal in this case would be frivolous. However, the certification was made upon the petitioner’s
1. To apply in the circuit court for leave to appeal in forma pauperis, within 15 days from the entry of the order or such further time as the circuit court may allow;
2. To appeal to this court, within 45 days from the denial by the circuit court of the application for leave to appeal in forma pauperis, if the circuit court takes such action; and
3. To appeal to this court, within 45 days from the entry of the judgment of the court reversing the denial of the application for leave to appeal in forma pauperis, if the circuit court denies the application and this court reverses such denial.
In his letters to the circuit judge and the chief justice,
The following statement in Dorsey v. Gill, 148 F. 2d 857, 876, cert. denied 325 U.S. 890, a habeas corpus proceeding predicated on alleged misrepresentation by assigned counsel, is pertinent here: “Everyone who is acquainted with the realities of practice knows the desire of some convicted persons to have their cases tried over again and their frequent repudiation of counsel after their hopes for acquittal or for lenient punishment have failed to materialize. It is easy for such a person to rationalize his own wishful thinking — together with hopeful comments of counsel — into a structure of promises, coercion and trickery; to assume incompetency and disinterest or worse, upon the part of counsel. But mere general assertions of incompetency or disinterest do not constitute a prima facie showing required by the statute to support a petition for habeas corpus. District attorneys and assigned counsel are officers of the court; licensed to practice, upon proof of character and fitness to perform professional duties. There is a presumption of proper performance of duty by each of them, which requires much more than the allegations of the present case to set the procedure of habeas corpus in motion.”