Ramos v. State

Petitioner-appellant Marcos H. Ramos appeals from the September 5, 2002 amended order of the circuit court of the first circuit, the Honorable Karl K. Sakamoto presiding, denying Ramoss Hawaii Rules of Penal Procedure (HRPP) Rule 40petition for post-conviction relief from a judgment of conviction for murder. On appeal, Ramos argues that the circuit court erred when it (1) failed to consider, rule on, or respond to his motion for appointment of counsel prior to the dismissal of the petition, (2) incorrectly applied HRPP Rule 40(e) to permit the state to amend its defective response, and (3) denied the claim of ineffective assistance of counsel.