§641-12 - From district courts. - Hawaii Statutes

     §641-12  From district courts. [L 2004, c 202, §69 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  Appeals upon the record shall be allowed from all final decisions and final judgments of district courts in all criminal matters.  Such appeals may be made to the intermediate appellate court, subject to chapter 602, whenever the party appealing shall file notice of the party's appeal within thirty days, or such other time as may be provided by the rules of the court.

     Within a reasonable time after an appeal has been perfected from a decision of a district court to the appellate court in a criminal matter, it shall be incumbent upon the district court to make a return thereof, together with all papers and exhibits filed in such case.

     It shall be the duty of the clerk of the supreme court to transmit within a reasonable time, to the district court from whose decision the appeal was made, a statement showing the disposition of the case. [L 1972, c 89, pt of §5; HRS §641-11.5; ren HRS §641-12; am L 1979, c 111, §6(3); gen ch 1985; am L 2004, c 202, §69]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as of the effective date of this Act [July 1, 2006] may be transferred to the intermediate appellate court or retained at the supreme court as the chief justice, in the chief justice's sole discretion, directs."

 

Rules of Court

 

  Appeals, when taken, see HRAP rule 4.

 

Case Notes

 

  The supreme court does not have jurisdiction to entertain appeals from interlocutory orders of the district courts in criminal cases.  57 H. 133, 552 P.2d 75; 62 H. 297, 613 P.2d 362.

  Where defendant's interlocutory appeal from district court's denial of defendant's motion to dismiss on double jeopardy grounds did not satisfy prerequisites of collateral order exception, supreme court did not have to decide whether exception may apply to appeals from collateral orders of district court.  82 H. 446, 923 P.2d 388.

  Where sentence imposed was not the final sentence because the district court expressly left open the possibility that its sentence of defendant might include an order requiring defendant to pay restitution, and the court did not finally decide whether it would order defendant to pay restitution and, if so, in what amount, the judgment was not final and, because it was not final, it was not appealable.  109 H. 435 (App.), 127 P.3d 95.