State v. Ake

RAMIL, Justice.

We granted certiorari to review the summary disposition order of the Intermediate Court of Appeals (ICA) filed on July 21, 1998. The ICA affirmed the circuit court’s findings of fact, conclusions of law, and order granting respondent-defendant-appellee Jorge Ake’s motion to dismiss. Petitioner-plaintiff-appellant State of Hawaii (the prosecution) challenges the ICA’s and the circuit court’s decisions. For the following reasons, we reverse the ICA’s summary disposition order, vacate the circuit court’s order, and remand for further proceedings.

I. BACKGROUND

The following facts…