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Oral Arguments before the Intermediate Court of Appeals

No. 29301 – Wednesday, June 16, 2010 at 10:15 a.m.

STATE OF HAWAII, Plaintiff-Appellee, vs. LLOYD JONES, Defendant-Appellant.

Attorney(s) for Defendant-Appellant
Gregory H. Meyers (HEMPEY & MEYERS LLP)

Attorney(s) for Plaintiff-Appellee
Honorable Shaylene Iseri-Carvalho, Prosecuting Attorney, and Justin F. Kollar, Deputy Prosecuting Attorney, County of Kauai

COURT:    Nakamura, CJ; Fujise and Ginoza, JJ.

SPECIAL NOTE:    The above argument will take place in the Supreme Court courtroom on the Second Floor of Aliiolani Hale, 417 South King Street, Honolulu, Hawaii.

[ Listen to the entire audio recording in mp3 format ]

Brief description:
Defendant-Appellant Lloyd Jones (Jones) appeals from the Judgment of Conviction and Probation Sentence entered by the Circuit Court of the Fifth Circuit (circuit court).  Jones was charged with and convicted of second degree assault, in violation of Hawaii Revised Statutes § 707-711(1)(d) (Supp. 2006).

On appeal, Jones argues that the circuit court erred by (1) proceeding with the trial even though Jones’s trial counsel stated on the day of trial that he was not prepared to proceed, because Jones himself stated that he did not want the trial to be continued; (2) failing on its own initiative to instruct the jury on the lesser included offense of third degree assault; and (3) rejecting Jones’s proposed jury instruction on self-defense and giving a different self-defense instruction.

Jones also argues that his trial counsel provided ineffective assistance by (1) failing to move for a continuance on the day of trial; (2) failing to move for a dismissal of Jones’s case based on a violation of the speedy trial requirements of Hawaii Rules of Penal Procedure Rule 48; (3) failing to call witnesses at trial who Jones claims could have exculpated him; (4) calling a witness that counsel had not adequately interviewed beforehand whose testimony was detrimental to Jones’s defense; and (5) persuading Jones to not testify.