State v. HayataAnnotate this Case
The family court adjudged Defendant guilty of violating an order of protection. Defendant was sentenced to two years’ probation. The start date of Defendant’s trial had been continued numerous times due to court congestion, and when Defendant appeared for a calendar call, Judge Jeannette Castagnetti was ill and could not proceed with trial, which led to another continuance. The day before trial began, Defendant made a motion to dismiss because trial was not commenced within six months of his arrest. The family court denied the motion, concluding that Judge Castagnetti’s one-month absence due to illness met the Haw. R. Pen. P. 48 criteria for excludable periods of time. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment on appeal, holding that the family court’s ruling that Judge Castagnetti’s illness constituted “good cause” was in error, and therefore, the ICA erred by concluding that the family court properly denied Defendant’s motion to dismiss pursuant to Rule 48.