Hawaii · statute · Haw. Rev. Stat. ch. 661B · 7 active provisions
(a) Any person convicted in a court of the State and imprisoned for one or more crimes of which the person was actually innocent may file a petition for relief pursuant to this chapter for an award of damages against the State; provided that the requirements of subsection (b) are met. (b) To present an actionable claim…
(a) A petition for relief filed pursuant to this chapter shall be filed in the circuit court of the circuit in which the petitioner lives, or if the petitioner lives outside the State, in the circuit court of the first circuit. The petitioner shall serve the petition upon the attorney general, and if the prosecuting au…
(a) The petitioner shall have the burden to prove by a preponderance of the evidence: (1) That the petitioner is eligible to seek compensation in accordance with the requirements set forth in section 661B-1; (2) That the petitioner was convicted in a court of the State and subsequently imprisoned for one or more crimes…
Every claim arising under this chapter shall forever be barred unless the action is commenced by filing a petition with the circuit court within two years after the conviction that is the subject of the petition is either reversed or vacated, or the petitioner is pardoned for that conviction; provided that: (1) If the…
Review of any final judgment of the circuit court shall be governed by chapter 602.
This chapter shall constitute a waiver of sovereign immunity by the State only for the claims brought pursuant to this chapter. The State makes no other waiver of sovereign immunity, and fully retains its sovereign immunity as to all other claims, however denominated, that seek compensation of any kind or nature that a…
(a) Notwithstanding any other law, including the common law, to the contrary, this chapter sets forth the exclusive remedy for any person seeking compensation of any kind or nature whatsoever, as a result of, related to, or arising from a conviction and imprisonment for crimes for which the person was actually innocent…