No. SCWC-22-0000255, Thursday, December 18, 2025, 10:30 a.m.
No. SCWC-22-0000255, Thursday, December 18, 2025, 10:30 a.m.
STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee, vs. HENRY K. TOLENTINO, Petitioner/Defendant-Appellant.
The above-captioned case has been set for oral argument on the merits at:
Supreme Court Courtroom
Ali ‘ iōlani Hale, 2 nd Floor
417 South King Street
Honolulu, HI 96813
The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts.
Attorney for Petitioner/Defendant-Appellant HENRY K. TOLENTINO:
Kai Lawrence
Attorney for Respondent/Plaintiff-Appellee STATE OF HAWAI‘I:
Brian R. Vincent, Deputy Prosecuting Attorney
NOTE: Certificate of Recusal, by Associate Justice Vladimir P. Devens, filed 09/10/25.
NOTE: Order assigning Circuit Judge Jordon J. Kimura and Circuit Judge Rebecca A. Copeland in place of Devens, J., recused, and due to a vacancy, filed 10/07/25.
NOTE: Order accepting Application for Writ of Certiorari, filed 10/13/25.
COURT: McKenna, Acting C.J., Eddins, and Ginoza, JJ., Circuit Judge Kimura, in place of Devens, J., recused, and Circuit Judge Copeland, assigned by reason of vacancy.
Brief Description:
This case arises out of a traffic stop where the Petitioner/Defendant-Appellant Henry K. Tolentino was arrested and charged with first-degree assault against a law enforcement officer. After the traffic stop, Tolentino ran away and after his arrest, he made an apologetic statement to the arresting police officers. Tolentino filed a pretrial motion in limine to exclude the statement as inadmissible hearsay. During the hearing on the motion, Tolentino also requested a pretrial hearing to determine whether the statement was voluntarily made. The motion and request were denied by the circuit court. During trial, before the statement was introduced, based on the State’s request, the circuit court determined the statement was voluntary and that a hearsay exception applied. Tolentino was convicted on a lesser included offense of second-degree assault against a law enforcement officer. The ICA affirmed Tolentino’s conviction.
The issues on certiorari are whether and under what circumstances pretrial voluntariness hearings may be required.