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Maddox v. State

Intermediate Court of Appeals of Hawaii

March 31, 2016

MICKEY A. MADDOX, Petitioner-Appellant,
v.
STATE OF HAWAI'I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (SPECIAL PROCEEDING PRISONER NO. 13-1-0004) (CRIMINAL NOS. 07-1-0139 and 09-1-0284}

Mickey A. Maddox, Petitioner-Appellant pro se.

Artemio C. Baxa - Deputy Prosecuting Attorney, County of Maui, for Respondent-Appellee.

Nakamura, C.J., Foley and Leonard, JJ.

SUMMARY DISPOSITION ORDER

Petitioner-Appellant Mickey A. Maddox (Maddox) appeals pro se from the "Findings of Fact, Conclusions of Law, and Order and Judgment Denying Without Prejudice Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody, as Amended, Supplemented, and Corrected" entered on August 21, 2014 in the Circuit Court of the Second Circuit[1] {circuit court).

On appeal, Maddox raises the following issues:[2]

(1) it was error to not arraign Maddox until over four-and-a-half months after his indictment in Cr. No. 07-1-0139;
(2) Maddox was entitled to assistance of counsel on his appeal in Cr. No. 07-1-0139;
(3) the circuit court committed structural error in not providing Maddox with assistance of counsel on his appeal in Cr. No. 07-1-0139;
(4) Maddox's appeal was dismissed due to errors committed by the circuit court;
(5) the circuit court committed error by not filing documents submitted in support of Maddox's Hawai'i Rules of Penal Procedure (HRPP) Rule 40 "Petition to Vacate, Set Aside, or Correct Judgment' or to Release Petitioner from Custody" (Rule 40 Petition);
(6) the circuit court committed error by not filing submitted documents and motions in support of Maddox's petition until it had denied the petition;
(7) Maddox's attorney was ineffective; (8) the circuit court wrongfully denied Maddox's HRPP Rule 40 Petition; (9) the circuit court erred in not dismissing Cr. No. 09-1-0284; (10) Maddox was corporally punished and prosecution continued after the illegal punishment;
(11) Maddox's corporal punishment violated Hawai'i law; (12) Maddox was entitled to assistance of counsel until the ...

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