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IN THE SUPREME COURT OF STATE OF HAWAI#I

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STATE OF HAWAI#I, Plaintiff-Appellee-Petitioner vs. BRYAN CASTRO, Defendant-Appellant-Respondent

NOS. 21482 AND 21476

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NOS. 97-0504 AND 97-0764)

July 27, 2000

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, JJ., AND CIRCUIT COURT JUDGE PERKINS, IN PLACE OF ACOBA, J., RECUSED

OPINION OF THE COURT BY LEVINSON, J. On June 13, 2000, we granted the application for a writ of certiorari in No. 21482, filed by the State of Hawai#i (the prosecution) on June 9, 2000, to review the published opinion of the Intermediate Court of Appeals (ICA), filed on May 10, 2000, vacating the first circuit court's judgment of conviction and sentence in Cr. No. 97-0504, filed on March 24, 1998, and reversing the circuit court's order, filed on October 21, 1997, denying the defendant Bryan Castro's motion for a mental

examination.

On June 14, 2000, we granted the prosecution's

application for a writ of certiorari in No. 21476, filed on June 13, 2000, to review the memorandum opinion of the ICA, filed on May 10, 2000, vacating the first circuit court's judgment of conviction and sentence in Cr. No. 97-0764, filed on March 6, 1998, and reversing the circuit court's order, filed on October 28, 1997, denying Castro's motion for a mental examination. its published opinion in No. 21482 (hereinafter Castro I), a majority of the ICA reviewed the circuit court's order for an abuse of discretion -- despite its belief that our decision in State v. Janto, 92 Hawai#i 19, 986 P.2d 306 (1999), was internally inconsistent, see infra note 1 -- and held that the circuit court committed an abuse of discretion by denying Castro's motion for a mental examination, without first staying the proceedings and appointing a panel of examiners, pursuant to Hawai#i Revised Statutes (HRS)

Download State v. Castro. Consolidated with No. 21476.pdf

Hawaii Law