State v. Tierney

Opinion of the Court by

ACOBA, J.

We hold that when a court orders an examination to determine whether a defendant is fit to proceed to trial pursuant to Hawaii Revised Statutes (HRS) § 704-404(1), and the defendant refuses to cooperate with the examiner, the examiner must produce a report of the examination that expressly states whether “such unwillingness of the defendant was the result of physical or mental disease, disorder, or defect,” if possible. HRS § 704-404(5). If it is not possible for the examiner to make that determination, the examiner must expressly state in the report that it is…