Cooper, Jr. v. State

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
12-JUN-2025
08:05 AM
Dkt. 52 SO
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

SAMUEL COOPER, JR., Petitioner-Appellant, v.
STATE OF HAWAI I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CPN-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)
Petitioner-Appellant Samuel Cooper, Jr. (Cooper), self-
represented, appeals from the October 3, 2023 Order Denying
Petition to Vacate, Set Aside, or Correct Judgment or to Release
Petitioner from Custody (Order Denying Fifth Rule 40 Petition).1
Cooper does not identify points of error on appeal, as
such. Nonetheless, we address Cooper's argument to the extent
that we are able to discern it. On October 18, 2022, Cooper
filed a Petition for Post-Conviction Relief pursuant to Hawai i
Rules of Penal Procedure (HRPP) Rule 40 (Fifth Rule 40 Petition)
raising a single ground for relief: that the prosecutor used
information charging in the underlying criminal case. Cooper
seeks relief from the Circuit Court's denial of the Fifth Rule 40
Petition.
The underlying criminal case stemmed from a 1999
murder. On September 3, 1999, Cooper was charged by way of
complaint with Murder in the Second Degree, in violation of
Hawaii Revised Statutes § 707-701.5 (2014), convicted after a

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The Honorable Trish K. Morikawa presided.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

jury trial, and sentenced to life imprisonment with the
possibility of parole.
Cooper appears to argue, as he argued in various
submissions to the Circuit Court, that he was entitled to a grand
jury indictment based on State v. Obrero, 151 Hawai i 472, 517
P.3d 755 (2022).
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
the arguments advanced and the issues raised, we resolve Cooper's
appeal as follows:
The Hawai i Supreme Court has held that "Obrero applies
to cases that were pending trial before the decision. Obrero
does not apply retroactively to defendants who pled out or to
defendants convicted after a trial." State v. Bautista, 153
Hawai i 284, 289, 535 P.3d 1029, 1034 (2023). The supreme court
further held that defendants challenging a charging instrument's
validity for the first time in an HRPP Rule 40 petition are
foreclosed from having their trial convictions overturned
pursuant to Obrero. Id. Accordingly, we conclude that Cooper is
not entitled to relief.
Therefore, the Circuit Court's October 3, 2023 Order
Denying Fifth Rule 40 Petition is affirmed. In addition,
Cooper's Motion for Immediate Decision and Relief, filed on
November 27, 2024, is hereby denied.
DATED: Honolulu, Hawai i, June 12, 2025.

On the briefs: /s/ Katherine G. Leonard
Acting Chief Judge
Samuel Cooper, Jr.,
Petitioner-Appellant, pro se. /s/ Keith K. Hiraoka
Associate Judge
Loren J. Thomas
Deputy Prosecuting Attorney, /s/ Clyde J. Wadsworth
for Respondent-Appellee. Associate Judge

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