Hawai'i v. NicolAnnotate this Case
Under Hawaii Revised Statutes (HRS) 641-11, a defendant may appeal from an order of the circuit court dismissing the proceedings without prejudice. After the circuit court dismissed defendant's case without prejudice due to pretrial delay pursuant to Hawai'i Rules of Penal Procedure Rule 48, defendant appealed. Defendant argued that the circuit court erred in dismissing the case without prejudice, thereby permitting reprosecution of the charges. In light of HRS 641-11, the Supreme Court of Hawai'i remanded to the ICA for resolution of defendant's appellate claim.