State v. FlemingAnnotate this Case
The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) holding that Defendant was not deprived of due process when the circuit court refused to hold a hearing during trial as to whether Defendant was incompetent pursuant to Haw. Rev. Stat. 704-404, holding that the circuit court abused its discretion.
Defendant was charged with one count of sexual assault in the first degree. During trial, Defendant's counsel informed the circuit court of his belief that Defendant was not fit to proceed. The circuit court denied the motion, and Defendant was found guilty. Defendant filed a motion for a new trial, arguing that he was incompetent during his trial. The motion was denied. The ICA remanded the case to have the circuit court determine whether Defendant was competent at the time of his trial. The Supreme Court vacated the ICA's judgment, holding that there was ample evidence subsequent to trial supporting Defendant's motion for a new trial.