State v. Baxley

Opinion by

I disagree that this court lacks jurisdiction to review this case on the following grounds: (1) Jurisdiction exists to decide the claims of Defendant-Appellant James Gavin Baxley (Defendant) under Hawai'i Revised Statutes (HRS) § 602-5(7) (1993) for the promotion of justice; (2) Plaintiff-Appellee State of Ha-wai'i (the prosecution) must prove each element of a charged crime beyond a reasonable doubt even if the defendant is acquitted by reason of insanity; (3) in the absence of such proof the presumption of innocence applies and, thus, acquittal in this case does not moot an appeal…