State v. Coyaso

OPINION OF THE COURT BY

KLEIN, J.

We granted certiorari to review the Intermediate Court of Appeals’ (ICA) holding that prejudice to the defendant is a required factor which must be considered by the trial court in deciding whether to dismiss a case with or without prejudice for violation of Hawaii Rules of Penal Procedure (HRPP) Rule 48. Although prejudice to the defendant may be a relevant consideration, it is not a mandatory one, and failure to make findings as to prejudice is not an abuse of the trial court’s discretion. With respect to the issue before us, we reverse. 1

I

On July 6, 1990,…