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State V. Sujohn

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eBook details

  • Title: State V. Sujohn
  • Author : Hawaii Supreme Court
  • Release Date : January 14, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Appellee was arrested April 22, 1979. On June 6, 1979, his counsel filed a notice of intention to rely on the defense of physical  or mental disease, disorder or defect and on June 18, 1979, a motion for examination of defendant with respect to physical or mental disease, disorder or defect. The indictment was not, however, returned until July 3, 1979. On July 16, appellee was arraigned and pleaded not guilty to the charge, and on that day, pursuant to § 704-404, HRS, the court ordered a mental examination of the appellee. On August 6, 1979, an amended order, substituting one doctor for another on the panel of three examiners, was entered. On August 29, 1979, appellee filed a motion to dismiss the indictment on the grounds other than appellee's mental capacity, and a motion to suppress eye-witness identification. Both motions were made returnable October 17, 1979. However, by minute order dated October 16, 1979, they were continued until November 21, 1979 at the request of appellee's counsel. On October 16, 1979, appellee filed a motion for judgment of acquittal on the basis of mental disease, disorder or defect, excluding penal responsibility. That motion was made returnable at the same time as the two pending motions.


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