429 P.3d 605 (Hawai’i App. 2018), CAAP-15-0000387, State v. Tui

Docket Nº:CAAP-15-0000387
Citation:429 P.3d 605, 143 Hawai‘i 283
Party Name:STATE of Hawai‘i, Plaintiff-Appellee, v. Joseph TUI, Jr., Defendant-Appellee, and Director of Health, Department of Health, State of Hawai‘i, Real Party-in-Interest-Appellant.
Attorney:Debbie L. Tanakaya, for Real Party-in-Interest-Appellant. Nelson W.S. Goo, for Defendant-Appellee.
Judge Panel:By: Fujise, Presiding Judge, Reifurth and Chan, JJ.
Case Date:October 31, 2018
Court:Court of Appeals of Hawai'i, Intermediate
 
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Page 605

429 P.3d 605 (Hawai’i App. 2018)

143 Hawai‘i 283

STATE of Hawai‘i, Plaintiff-Appellee,

v.

Joseph TUI, Jr., Defendant-Appellee,

and

Director of Health, Department of Health, State of Hawai‘i, Real Party-in-Interest-Appellant.

No. CAAP-15-0000387

Intermediate Court of Appeals of Hawai‘i

October 31, 2018

Editorial Note:

This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NOS. 13-1-0371 AND 13-1-0556)

On the briefs:

Debbie L. Tanakaya, for Real Party-in-Interest-Appellant.

Nelson W.S. Goo, for Defendant-Appellee.

By: Fujise, Presiding Judge, Reifurth and Chan, JJ.

SUMMARY DISPOSITION ORDER

This case is before us on remand from the Hawai‘i Supreme Court. State v. Tui, 138 Hawai‘i 462, 382 P.3d 274 (2016). This appeal arises out of a dispute regarding whether, under Hawaii Revised Statutes (HRS) chapter 704, custody of a defendant deemed unfit to proceed due to a mental disease or disorder can be transferred from the Director of Health (Director) to the Department of Public Safety (DPS) before a judicial determination that the defendant has regained fitness. The Circuit Court of the First Circuit (circuit court)1 answered in the negative, and the Director appealed. This court dismissed Defendant’s appeal from the circuit court’s order as moot because custody of the defendant had already been transferred from the Director to the DPS and the "capable of repetition, yet evading review" exception to the mootness doctrine did not apply. The supreme court vacated this court’s November 9, 2015 "Order Dismissing Appeal for Lack of Appellate Jurisdiction" and remanded the case to this court for a determination on the merits.

In its order denying the Directors motion to transfer the defendant to the DPS, the circuit court order held that it "does not have the legal authority to transfer Defendant ... until this Court finds Defendant to presently be fit." Upon appeal, the Director contends that the uncertainty as to Defendants regained fitness to proceed necessitated a determination of whether the defendant was to remain at Hawaii State Hospital (HSH). The Director...

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