Hawai'i Legal News

  In re: JK (ICA June 10, 2021) Background. JK was examined at the emergency room by Dr. Michael McGrath in Kona. JK’s family reported that he had been acting bizarre, not sleeping, and was possibly dangerous. Dr. McGrath developed a working diagnosis that JK had manic bipolar disorder and certified him for involuntary hospitalization. The State’s Department of Health petitioned the family court with the Hon. Judge Aley Auna, Jr. presiding for involuntary commitment. A hearing was held to determine the issue.   Dr. McGrath and JK’s spouse testified. The family court also questioned Dr. McGrath and JK’s spouse after the parties and allowed further questioning. The family court found sufficient evidence to keep JK in the hospital against his will by finding him mentally ill and imminently dangerous to himself and others. JK appealed.   The Mootness Doctrine. The State argued that the issues in this appeal were moot because JK has already been released from the hospital. Mootn

  State v. Pedro (HSC June 4, 2021) Background. Theo Pedro was charged with four counts of sexual assault in the first degree, attempted sexual assault in in the first degree, sexual assault in the third degree, and kidnapping. Pedro pleaded not guilty and the Family Court of the 2d Circuit, with the Hon. Judge Richard T. Bissen, Jr. presiding, set trial. At a hearing on the defense’s motion to compel discovery, counsel announced that the parties reached a plea agreement. Pedro would plead no contest to four amended counts of sexual assault in the second degree and the other counts would be dismissed. The prosecution could seek concurrent terms of imprisonment capped at ten years. Pedro could was free to argue for probation.   Pedro’s decision to agree to the plea offer was unexpected and came as a surprise to defense counsel, the prosecutor, and the court. Using the standard change of plea form and with the assistance of a Marshallese interpreter, defense counsel represented th