State v. Yellen
CourtHawaii Intermediate Court of Appeals
Date FiledSeptember 29, 2026
DocketCAAP-25-0000412
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-SEP-2026
08:08 AM
Dkt. 39 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v.
MICHAEL YELLEN, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH HILO DIVISION
(CASE NO. 3DTI-24-009253)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Hiraoka and McCullen, JJ.)
Michael Yellen, representing himself, appeals from the
Judgment and Notice of Entry of Judgment entered by the District
Court of the Third Circuit, North and South Hilo Division.1 We
affirm.
On November 12, 2024, Yellen was issued a Notice of
Traffic Infraction for exceeding the speed limit in violation of
Hawaii Revised Statutes (HRS) § 291C-102(a)(1) (2020). The
Notice stated the violation was measured by radar and the police
officer who issued it was certified to use the device, which was
accurate, tested, and working properly. See Hawai#i Civil
Traffic Rules (HCTR) Rule 9(b)(2) (2006).
Yellen served a document request on the State. He
requested, among other things:
2. Any and all DOCUMENTATION of what does the
manufacturer of the laser device recommend for the
procedures to [b]e used prior to their product to be used
and to be accurate.
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The Honorable M. Kanani Laubach presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
. . . .
6. Any and all DOCUMENTATION of the manufacturer
recommendation to use a tuning fork to calibrate the radar
gun use to indicated that MIKE YELLEN was speeding.
The State did not produce the requested documents.
Yellen moved to compel discovery. The district court denied the
motion. After a trial, the court entered judgment for the State.
This appeal followed.
Yellen's opening brief doesn't comply with Hawai#i
Rules of Appellate Procedure (HRAP) Rule 28(b), but we do not
automatically foreclose self-represented litigants from appellate
review if they don't comply with court rules. Erum v. Llego, 147
Hawai#i 368, 380-81, 465 P.3d 815, 827-28 (2020). The brief
states a single point of error: the district court erred by
denying Yellen's motion to compel discovery.
No statute or rule authorizes the discovery Yellen
sought to compel from the State. Traffic infraction trials are
held under HRS § 291D-13 (2020 & Supp. 2023), the Hawai#i Rules
of Penal Procedure (HRPP), the Rules of the District Courts of
the State of Hawai#i (RDCH), and the Hawai#i Rules of Evidence
(HRE). HCTR Rule 19(c) (2009).
HRS § 291D-13 does not provide for discovery.
HRPP Rule 16.1 governs discovery in criminal traffic
cases. Speeding in violation of HRS § 291C-102(a)(1) is a
traffic infraction. HRS § 291D-2 (2020). Traffic infractions
are not criminal offenses. HRS § 291D-3(a) (Supp. 2023). There
is no right to discovery in civil traffic cases under the HRPP.
RDCH Rule 33(a) (1986) provides procedures for
discovery in traffic cases, but only in the District Court of the
First Circuit. The RDCH do not allow discovery in traffic cases
in the District Court of the Third Circuit.
The HRE do not provide for discovery.
The district court did not err by denying Yellen's
motion to compel.
Yellen also argues he was deprived of his
"constitutional right to put on a defense." We construe this as
arguing he was denied his constitutional right to due process.
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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
"For due process to be satisfied, an entitled party must have
notice and a meaningful opportunity to be heard." Sierra Club v.
Bd. of Land & Nat. Res., 156 Hawai#i 382, 395, 575 P.3d 472, 485
(2025).
Here, the Notice informed Yellen that a radar was used
to detect his speed. For the State to sustain its burden of
proof at trial, it would have had to call the police officer who
issued the Notice to Yellen. Yellen would have had the
opportunity to challenge foundation for admissibility of the
radar evidence, and to cross-examine the officer about his
training in, and use of, the radar device when he determined that
Yellen was speeding. See State v. Weber, 148 Hawai#i 225, 226,
468 P.3d 768, 769 (App. 2020). Yellen thus had a reasonable
opportunity to be heard.
Yellen did not include the trial transcript in the
record on appeal, so we can't know whether he was deprived of due
process during trial by, for example, not being allowed to object
to foundation or to cross-examine the officer. "The burden is
upon appellant in an appeal to show error by reference to matters
in the record, and he or she has the responsibility of providing
an adequate transcript." Bettencourt v. Bettencourt, 80 Hawai#i
225, 230, 909 P.2d 553, 558 (1995) (brackets omitted).
Yellen has not sustained his burden to show error. The
district court's April 24, 2025 Judgment and Notice of Entry of
Judgment is affirmed.
DATED: Honolulu, Hawai#i, September 29, 2026.
On the briefs:
/s/ Karen T. Nakasone
Michael Yellen, Chief Judge
Self-represented
Defendant-Appellant. /s/ Keith K. Hiraoka
Associate Judge
Kelden B.A. Waltjen,
Nathan A. Wersal, /s/ Sonja M.P. McCullen
Office of the Associate Judge
Prosecuting Attorney,
County of Hawai#i
for State of Hawai#i.
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