(DOWNLOAD) "State v. Caspino" by Hawaii Supreme Court No. 15294 " Book PDF Kindle ePub Free
eBook details
- Title: State v. Caspino
- Author : Hawaii Supreme Court No. 15294
- Release Date : January 05, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
In a memorandum opinion dated January 15, 1992, the Intermediate Court of Appeals (ICA) affirmed defendant's conviction of Harassment, Hawaii Revised Statutes (HRS) § 711-1106(1)(a) (1985) and Resisting Arrest, HRS § 710-1026(1)(a) (1985). We granted certiorari on February 14, 1992 to review the ICA's legal Conclusion excluding the 104 day period between March 27, 1990 and July 9, 1990 from the operation of Rule 48, Hawaii Rules of Penal Procedure (HRPP). We can find no support in the record for the trial court's determination that ""exceptional congestion in the circuit court"" mandated the exclusion per HRPP 48(c)(2). Thus, we affirm in part, reverse in part, and remand. Pursuant to HRPP 48(b), the court is required to dismiss charges against a defendant ""if trial is not commenced within 6 months from: (1) the date of arrest . . . ."" Certain periods of time shall be excluded from the computation, pursuant to HRPP 48(c)(2), when there is a ""delay resulting from congestion of the trial docket when the congestion is attributable to exceptional circumstances[.]"" In the instant case, the ICA concluded that the period of time between arraignment in circuit court (March 27, 1990) and defendant's First Circuit Court trial setting (July 9, 1990) (104 days) was excludable per HRPP 48(c)(2) because the lower court stated that ""the case could not have been set sooner,"" and that defendant's trial date was ""subject to the exceptional congestion in the Circuit Court[.]"" In State v. Lord , 63 Haw. 270, 273, 625 P.2d 1038, 1039-40 (1981), we found that congestion due to exceptional circumstances was shown where the trial court attributed defendant's late trial setting to an unusual number of indictments being returned by the grand jury.
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