State v. Rodrigues

DISSENTING OPINION OF

NAKAMURA, J., WITH WHOM WAKATSUKI, J., JOINS

The court, on an appeal brought by the State, vacates a judgment of acquittal entered by the circuit court and remands the case for a redetermination of criminal responsibility. In my opinion the decision is unprecedented, unauthorized, and unconstitutional.

I

After his indictment by the Grand Jury on three counts of sodomy and one count of rape, the defendant gave notice in accord with Hawaii Revised Statutes (HRS) § 704-404(l)1 of an “intention to rely on the defense of physical or mental disease, disorder, or defect excluding…