State v. Choy Foo

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The circuit court correctly ruled that this criminal case must be dismissed because Defendant’s Hawai’i Rules of Penal Procedure Rule 48 rights had been violated where the twenty-one day period between Defendant’s arraignment and the first setting of the waiver or demand of a jury trial hearing was not excludable pursuant to Rule 48(c)(1) or (c)(8). The circuit court granted Defendant’s motion to dismiss his criminal charges with prejudice for violation of Rule 48. The intermediate court of appeals vacated the dismissal order, holding (1) a twenty-one day period between Defendant’s arraignment and the first setting of the waiver/demand hearing was excludable from Rule 48 calculations under subsections (c)(1) and (c)(8); and (2) while the case should not have been dismissed, the circuit court also erred in failing to consider the factors identified in State v. Estencion, 625 P.2d 1040 (1981) in dismissing the case with prejudice. The Supreme Court affirmed in part and reversed in part, holding (1) Defendant’s Rule 48 rights were not violated under the circumstances of this case; and (2) upon remand, the circuit court must properly apply the Estencion factors to determine whether the case should be dismissed with or without prejudice. View "State v. Choy Foo" on Justia Law

Posted in: Criminal Law

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