Chatman v. State

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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 29504
§§
IN THE INTERMEDIATE COURT OF APPEALS §§
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oF THE STATE oF HAwAf: §§ “H
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3» FW
ANTHONY K. CHATMAN, Petitioner-Appellant, 33 Y?
v. §§
STATE OF HAWAl‘I, Respondent~Appellee §§

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P.P. NO. 08-l-OOl9

(FC~Cr. No. 02-1-OOll and Cr. No. O2~l-2353))
SUMMARY DISPOSITION ORDER
(By: Foley, PreSiding J., Leonard, J., and
in place of

Circuit Judge PerkinS,

C J., and FujiSe, J., both recuSed)

Nakamura,

(Chatman)

Petitioner-Appellant Anthony K. Chatman
and Order

appeals from the Findinge of Fact, Conclusione of Law,

Denying Petition For PoSt-Conviction Relief (FOF/COL/Order) filed

on January 26, 2009 in the Circuit Court of the FirSt Circuit

(circuit court)F
On June 30, 2003,

a jury convicted Chatman of (l)

in violation of Hawaii

Attempted Murder in the Second Degree,
707-70l.5 (l993),

(HRS) §§ 705-500(2) (l993),

ReviSed Statutee
in Cr. No. 02-l~OOll; and

and 706~656 <i993 & Supp. 2009>
in violation of HRS § 710-lO70(l)(a),

(2) Bribery of a WitneSS,
in violation of HRS

(l993); lntimidating a WitneSS,
(c) (l993); and Extortion in the
(l993) and

<b), and (c)

§ 710-i07i<i><a>, (b), and
in violation of HRS §§ 707-766(l)(b)

Second Degree,
in Cr. No. 02-1-2353.2 The circuit court

707-764(2) (Supp. 2007)

z

1 The Honorable Karen S. S. Ahn preeided.

The jury found Chatman not guilty of Abuse of Family and HouSehold
HRS § 709-906 (Supp. 2005), and the circuit court filed the Judgment

Membere,
2003.

of Acquittal on June 30,

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIF`IC REPORTER

filed its judgments on July l9, 2OO4,3 and Chatman timely
appealed. 1

On August 3, 2006, in Chatman's direct appeal, the
Hawafi Supreme Court (l) affirmed his convictions except for his
conviction in Cr. No. 02-l~2353 for Extortion in the Second
Degree, which the court vacated, and (2) denied his ineffective
assistance of counsel claim without prejudice.

On May l2, 2008, Chatman filed a Petition for Post-
Conviction Relief (Petition), pursuant to Rule 40 of the Hawaii
Rules of Penal Procedure (HRPP). Chatman claimed that he had
received ineffective assistance of counsel because his trial
counsel failed to (l) secure the presence or testimony of a
witness, Eri Gunji (Gunji), at trial (2) investigate a juror, and
(3) secure the appearance of witnesses for a motion for new
trial.

The State of HawaiU_filed its answer on September 5,
2008. On January 26, 2009, the circuit court filed the
FOF/COL/Order. Chatman timely appealed.

On appeal, Chatman asserts the same claims as those in
his Petition.

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 by the parties, as
well as the relevant statutory and case law, we conclude that
Chatman's points of error are without merit. Chatman did not
meet his "burden of establishing ineffective assistance of
counsel . . . : l) that there were specific errors or omissions
reflecting counsel's lack of skill, judgment, or diligence; and
2) that such errors or omissions resulted in either the
withdrawal or substantial impairment of a potentially meritorious

defense." State v. Wakisaka, 102 Hawafi 504, 5l4, 78 P.3d 3l7,

3 On December 30, 2002, the circuit court consolidated Cr. Nos. 02-l~

OOll and 02-l-2353 for trial.

NOTIWHIPUBlJCATTONIN\NESTT§HAAVAYIREPORTSAOUPACIFKfREFORTER

327 (2003) (internal quotation marks, citations, and footnote
omitted).

Therefore,

lT IS HEREBY ORDERED that the Findings of Fact,
Conclusions of Law, and Order Denying Petition For Post-
Conviction Relief filed on January 26, 2009 in the Circuit Court
of the First Circuit is affirmed.

DATED: Honolulu, Hawafi, March 24, 20lO.

On the briefs:

Anthony Chatman, sf-
Petitioner-Appellant pro se. ' by ‘ 6Z?_ %~’“

Stephen K. Tsushima, Presiding Judge
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Respondent~Appellee.

»v

Acting Associate Judge