HRS 0804-0004 ANNOTATIONS

See Const. Art. I, §12.

Minors, see §571-32(f).

Release pending appeal, see HRAP rule 9.

See HRPP rules 5(a), 46.

The Protection of Individual Rights Under Hawai`i's Constitution. 14 UH L. Rev. 311.

Not applicable to habeas corpus after conviction. 18 H. 473.

Where justified by facts and circumstances, delay in releasing person on bail is permissible. 61 H. 291, 602 P.2d 933.

One arrested for a petty misdemeanor or misdemeanor has not an absolute right to immediate release but a right to release without unnecessary delay upon payment of bail. 62 H. 79, 611 P.2d 130.

Provision denying bail pending appeal to convicted felon sentenced to imprisonment was constitutional. 66 H. 82, 657 P.2d 464.

Defendant did not satisfy requirements for release on bail. 69 H. 509, 750 P.2d 78.

Accused misdemeanant, petty misdemeanant, or law violator on bail is entitled to bail as a matter of right after conviction and pending appellate review; requirements of paragraphs (1) and (2) apply only to convicted felons. 74 H. 343, 845 P.2d 547.

Circuit court did not have jurisdiction to issue a bench warrant based upon the purported violation of a condition of probation, nor could the court revoke defendant's probation on that basis; when a convicted defendant is released on bail pending appeal, the circuit court is temporarily without jurisdiction under the probationary sentence that is the subject of the defendant's appeal. 79 H. 194, 900 P.2d 770.

Four conditions must be met for person convicted of criminal offense to qualify for release on bail pending appeal. 86 H. 1, 946 P.2d 955.