Preview:

*** FOR PUBLICATION *** IN THE SUPREME COURT OF THE STATE OF HAWAI#I --- o0o --IN THE INTEREST OF JOHN DOE, Born on January 25, 1985, Petitioner-Appellant. (NO. 24036 (FC-J NO. 0041144)) ---------------------------------------------------------------IN THE INTEREST OF JOHN DOE, Born on January 28, 1983, Petitioner-Appellant. (NO. 24042 (FC-J NO. 0035567)) NOS. 24036 AND 24042 APPEAL FROM THE FIRST CIRCUIT FAMILY COURT JULY 11, 2003W MOON, C.J., LEVINSON AND NAKAYAMA, JJ., AND CIRCUIT JUDGE KOCHI, ASSIGNED BY REASON OF VACANCY, WITH ACOBA, J., DISSENTING OPINION OF THE COURT BY LEVINSON, J. The petitioners-appellants John Doe, born January 25, 1985 [hereinafter, "Minor 1"], in No. 24036, and John Doe, born on January 28, 1983 [hereinafter, "Minor 2"], in No. 24042 [hereinafter, collectively, "the Minors"], appeal from the orders of the Family Court of the First Circuit, the Honorable Frances Q.F. Wong presiding, denying their petitions for writs of habeas corpus, filed on January 12, 2001, in which they challenged their detention by the family court. The Minors argue that the family

court erred in denying their petitions because, during their initial detention hearings in the family court, the Honorable William J. Nagle, III, presiding, "there was no factual basis for

*** FOR PUBLICATION *** a probable cause determination to justify continued detention[;]" accordingly, the Minors pray that this court "find that the family court erred in denying their petitions for writs of habeas corpus based on the failure of the court at the initial hearing to make a determination of probable cause for continued detention beyond twenty-four hours."1 For the reasons discussed infra in section II, we hold that the Minors' consolidated appeals are moot.

I.

BACKGROUND

On December 6, 2000, the prosecution filed petitions alleging that the Minors came within the purview of HRS

Download 24036.pdf

Hawaii Law