The Hawaii Intermediate Court of Appeals has upheld the life sentences of Jason K. Perry, who was convicted of two murders nearly two decades ago. The court's ruling, issued on July 13, 2026, confirms that Perry's petition for relief from his sentences was denied. This decision affects Perry, who has been serving life without the possibility of parole since his conviction in 2003.

The court's ruling is significant as it reinforces the legal standards surrounding murder convictions and sentencing in Hawaii. It also highlights the challenges faced by individuals seeking to overturn long-standing convictions after many years.

Background

Jason K. Perry was convicted in 2003 for two separate murders that occurred a few days apart. Following his conviction, Perry was sentenced to consecutive terms of life in prison without the possibility of parole. He appealed his conviction, but the Hawaii Intermediate Court of Appeals affirmed the ruling in 2007. Perry's subsequent attempt to have the Hawaii Supreme Court review his case was denied due to being filed too late.

In July 2022, Perry filed a petition under the Hawaii Rules of Penal Procedure (HRPP) Rule 40, seeking to vacate his sentences based on several claims, including ineffective assistance of counsel and issues with jury instructions. The Circuit Court of the First Circuit denied his petition without a hearing, leading Perry to appeal the decision to the Intermediate Court of Appeals.

The Ruling

The Hawaii Intermediate Court of Appeals affirmed the Circuit Court's decision, stating that Perry's claims were either previously ruled upon or waived. The court noted that Perry's arguments did not present new evidence or legal theories that would warrant a different outcome. The ruling was made by a panel of judges: Presiding Judge Keith K. Hiraoka, Associate Judge Clyde J. Wadsworth, and Associate Judge Kimberly T. Guidry.

The court emphasized, "All grounds raised by [Perry] are patently frivolous and without a trace of support in either record, the issues have been previously ruled upon, or the issues were waived." This statement underscores the court's view that Perry's claims lacked merit and did not justify a hearing.

Impact

The court's decision has significant implications for Perry and others in similar situations. By affirming the denial of Perry's petition, the court has reinforced the legal principle that individuals cannot continually challenge their convictions without presenting new evidence or arguments. This ruling may deter future petitions from individuals seeking to overturn long-past convictions, as it establishes a precedent for courts to deny claims that have already been litigated or waived.

Moreover, the ruling clarifies the application of Hawaii Revised Statutes (HRS) § 706-657, which allows for enhanced sentencing in cases of multiple murders. The court found that Perry's simultaneous convictions did not require additional jury fact-finding for sentencing, thereby supporting the legality of consecutive life sentences without parole.

What's Next

Details were not available in the court filing regarding whether Perry plans to appeal this decision further. However, it is possible that he may seek to challenge the ruling in the Hawaii Supreme Court, although the chances of success appear limited given the Intermediate Court's thorough examination of his claims.