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 h...

  State v. Torres (ICA April 8, 2021) Background. Richard Torres was charged by way of a felony information with promoting a dangerous drug in the third degree and a park violation. The warrant was served on him and bail was set at $11,000. He could not afford to bail out and remained in custody at the Oahu Community Correctional Center. Torres’s counsel moved for an examination to determine his fitness to proceed in the case pursuant to HRS Chapter 704. The circuit court—with the Hon. Judge Paul B. K. Wong presiding—granted the motion. More than three months the circuit court entered an order suspending proceedings and declared Torres unfit to proceed. The order committed Torres to the custody of the Director of Health and placed him at the Hawai'i State Hospital or other appropriate institution. Torres was also expressly ordered that he “shall not be authorized to leave the institution” without a prior court order. Nearly a year went by before he was found fit to proceed to tr...

State v. Glenn (HSC June 30, 2020) Background. Michael Glenn was charged with terroristic threatening in the first degree. Glenn filed a motion to determine fitness to proceed and penal responsibility. The motion was granted and three examiners were appointed to determine his mental capacity and opine on whether he had penal responsibility at the time of the offense. Two of the three examiners found that he was unfit to proceed and that he lacked penal responsibility. Dr. Marvin Acklin, Ph.D. disagreed. He determined that Glenn “appeared” fit and that he was not mentally ill at the time of the offense. At the first hearing, the parties stipulated to the findings in all three reports. Counsel did state on the record that Glenn did not agree with the majority findings that he was unfit to proceed. The circuit court with the Hon. Judge Richard Perkins presiding committed Glenn to the Director of the Department of Health for detention, care, and treatment. Glenn was placed at the Hawai...

State v. Tierney (HSC May 7, 2012) Background. Michael Tierney sat on a bench in downtown Honolulu. A police officer saw him smoking what he believed to be a marijuana cigarette. The officer approached him and asked if he had any weapons. Tierney said no, and pulled out a bag of marijuana from one of his socks. Tierney was arrested and later charged with promoting a detrimental drug in the third degree. At the arraignment in district court, the court entered for Tierney a not guilty plea and referred him to the public defender's office. Tierney told the court that he wanted to represent himself. The judge said that he would not be adequate to represent himself. At the next court date, Tierney appeared with the public defender. Tierney said he still wanted to represent himself and told the court that the public defender "threatened to kill me" and that he was in court for felonies a few days before the appearance. He asked for discovery and a speedy trial. The distri...